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Edward Mugambi v. Jason Mathiu

(2007) JELR 105087 (CA)

Court of Appeal  •  Civil Appeal 286 of 2002  •  18 May 2007  •  Kenya

Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji



:The conflict between Edward Mugambi, the appellant herein, and Jason Mathiu, the respondent, appears to have arisen from two documents, one headed “AGREEMENT” and the other one headed “RECEIPT.” The “AGREEMENT” is in these terms:-

“I Mr. JASON MATHIU accept that I have received Kshs. Five Thousand (5000.00) from Mr. Edward K. Mugambi being the first payment of a piece of land of total value Kshs.70,000/- (seventy thousand) Balance of Kshs.65,000/- (sixty five thousand) to be paid by the end of August.



1. Witness: Jacob Muthuri

2. Witness: Justus M’Inoti.”

The date on which this document was made does not appear on the copy in the Court’s record.

The second document “RECEIPT” was in these terms:-

“I, JASON MUTHUI, of P.O. Box 636, Meru, do hereby acknowledge receipt of Kshs. seventeen thousand (17,000/-) and a Peugeot 504, valued at Kshs.50,000/- from EDWARD MUGAMBI of P.O. Box 35, Nanyuki, being the part payment of the purcha…

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