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Edward Wafula Tuchi v. Reuben Simiyu Wasike

(2016) JELR 104003 (CA)

Court of Appeal  •  Civil Appeal 241 of 2012  •  2 Jun 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This appeal is against the decision of Muchelule J, dated 11th July 2012 in which the learned Judge set aside a consent dated 3rd October 2010 allegedly made between the appellant, Edward Wafula Tuchi (Edward) and the respondent, Reuben Simiyu Wasike (Reuben) filed in HCCA 32 of 2010.

The High Court appeal emanated from the decision of the Senior Resident Magistrates’ Court at Kimilili which dismissed Edward’s suit in which he had claimed that by a sale agreement dated sometime in April 2001, he had sold one acre of land to Reuben for residential purposes. In return, Reuben was to pay him nominal rent. His complaint was that since Reuben had failed to pay the agreed rent, the sale agreement was rendered void and as a result he sought orders for Reuben to vacate the land.

Reuben denied taking Edward’s property and stated that he had constructed houses on the land which he also occupied. He denied owing Edward rent, or that he was in breach of any sale agreement.

Being…

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