DOUGLAS KANURE WAMBUGU V. DHANJI VELJI PATEL

JUDGMENT

Kwach JA. In 1975, Dhanji Velji Patel (the respondent) was the owner of an industrial building on plot LR No 209/8606, Lunga Lunga Road, Nairobi where he carried on the business of marble stone crushing. In that year, he entered into an agreement with Douglas Kanure Wambugu ( the appellant), to sell the building and the entire industrial undertaking including the stock in trade to the appellant at Shs 344,700/-. Of this amount Shs 325,000/-, represented the value of the building, and Shs 19,700/- was the price of moveables.

The appellant went into possession before the full purchase price was paid, and on the 10th December 1979, the respondent filed a suit against the appellant seeking to recover Shs 350,447/- in respect of occupation rent with interest for the period from 1st November, 1975, to 24th July, 1978; Shs 156,647/15 being the balance of the purchase price together with interest.

The respondent also sought a declaration that he was entitled to a statutory charge on t…