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Choitram v. Nazari

(1984) JELR 103210 (CA)

Court of Appeal  •  Civil Appeal 8 of 1982  •  10 May 1984  •  Kenya

Coram
Zakayo Richard Chesoni, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPEAL NO. 8 OF 1982

( Coram: Madan, Kneller JJA and Chesoni Ag JA )

BETWEEN

CHOITRAM and ANOTHER...................................................APPELLANTS

AND

NAZARI.................................................................................RESPONDENT

(Appeal from the High Court at Nairobi, Simpson J)

JUDGMENT

The foundation for this litigation between the appellants (plaintiffs in High Court) and the respondent (defendant) was laid when these parties entered into an oral agreement during December, 1974 for the sale and purchase by the defendant and the plaintiffs respectively, of the defendant’s property LR No 214/575, known as ‘Owl House’ situate in Muthaiga, Nairobi for the agreed price of Kshs 740,000. After some argument, the defendant finally accepted that she received an initial payment of Kshs 200,000 on account of the purchase price from the plaintiffs as contended by them.

When the sitting tenant vacated the property, the defendant enter…

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