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Daniel M. Njai v. High View Farm Ltd & George N. Mwicigi

(1995) JELR 102915 (CA)

Court of Appeal  •  Civil Appeal 139 of 1989  •  14 Aug 1995  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gachuhi, Omolo and Lakha JJ A)

CIVIL APPEAL NO 139 OF 1989

BETWEEN

DANIEL M. NJAI ............................APPELLANT

AND

HIGH VIEW FARM LTD...................RESPONDENT

GEORGE N. MWICIGI......................RESPONDENT

(Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Mr Justice Bhandari) dated 11th February, 1988

in

Civil Case No 4060 of 1985 )

JUDGMENT

This is an appeal by the defendant (appellant) from the decision of the superior court (late Bhandari, J) whereby he decreed specific performance to the second plaintiff (second respondent) to transfer to him the land known as Land Reference No 11453/1 situated north east of Thika (the property) free of all encumbrances on his tendering the balance of the agreed sale price.

In or about September or October 1984 the appellant met the second respondent who approached him for purchasing the said property. After negotiation he agreed to sell to him the said property at the price …

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