IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Apaloo JA )
CIVIL APPLICATION NO. 55 OF 1984
BETWEEN
GATU............................................................APPLICANT
AND
MURIUKI................................................RESPONDENT
(In an intended appeal from a ruling of the High Court at Nairobi, Patel J)
RULING
On February 12, 1981, the applicant as plaintiff, sued the respondent as defendant in the High Court at Nyeri for the refund of the sum of Shs 45,000 which he alleged he paid to the defendant as the purchase price of a piece or parcel of registered land at Gichugu. It was said the sale fell through and the plaintiff sued for a refund of the purchase price for a consideration that has wholly failed. The defendant resists the claim and in a statement of defence, denied receipt of any sum of money from the plaintiff. The defendant for his part, sought a dismissal of the plaint with costs. Thus, on the pleadings, the only issue joined between the parties was a simple one, namely, w…