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(1984) JELR 105086 (CA)

Court of Appeal  •  Civil Appeal 26 of 1984  •  8 Jun 1984  •  Kenya

James Onyiego Nyarangi Alan Robin Winston Hancox Alister Arthur Kneller



Ezekiah M’Ikiara (the appellant) is dissatisfied with a judgment of Mr Justice v. V Patel in the High Court at Meru, of September 29, 1983.

The judgment was that the appellant should pay Edward M’Iniu M’Ikandi or M’Ikiandi (the respondent) Kshs 23,000 in full settlement, inclusive of costs and interest to date, and the appellant was confirmed as the owner of the tractor.

The pleadings provide some of the introduction to that judgment. The respondent was the plaintiff in the High Court and he prayed, at the end of his plaint, for orders directing the appellant/defendant to give him access to a tractor, KML 087 (which he alleged they purchased together on August 29, 1979), for taking an account of the ‘business and earnings of the tractor’, (which he said the appellant took sole possession of on July 1, 1980, on the understanding that he would work with it, keep an account of his earnings and profits with it and share them with the respondent at the end of every month), costs and …

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