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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

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 of Shs 1.75 million. On 17th January 1985 he signed the agreement in the presence of Mr Gibson Kuria, advocate, who acted for both the parties. The second respondent was not present at the time and he had not signed the said agreement. Later on the appellant received the copy of the agreement with the second respondent’s signature on it. He noticed that the agreement was signed by him and the second respond…

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