IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: NYARANGI, MASIME JJ A and COCKAR Ag JA)
CIVIL APPEAL NO 47 OF 1989
GITHU..................................... APPELLANT
VERSUS
KATIBI.................................. RESPONDENT
(Appeal from the judgment and order of the High Court of Kenya at Nairobi
(Porter J) dated 20th December, 1988 in High Court Civil Case No 4758 of 1987)
JUDGMENTS
Nyarangi JA. This is an appeal from the judgment and order of the High Court (Porter, J) on the hearing of an originating summons filed on November 17, 1988 under section 57(8) of the Registration of Titles Act, cap 281 and under Order XXXVI rule 3B of the Civil Procedure Rules. The plaintiff prayed first, for orders that there be extension for the caveat beyond the forty five days mentioned in the notice by the Registrar of Titles and secondly for costs to be provided with.
Very shortly, the grounds for the application were that on January 20th, 1988, the plaintiff entered into a written agreement with the defendant, …