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Josphat Njoroge Thaara v. Peter Njoga

(2011) JELR 100529 (CA)

Court of Appeal  •  Civil Appeal 176 of 2006  •  2 Dec 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

The dispute between the parties herein related to LR. No. Limuru/Ngecha/779 registered in the name of the appellant, Josphat Njoroge Thaara. It measured 1.71 acres. On 8th July, 1982, he entered into an agreement with the respondent Peter Keffar Njogah, to sell to him 0.85 of an acre from the land at a price of Kshs.42,500/=. Kshs.5,000/= of the purchase price was paid then and the balance of Kshs.37,500/= was to be paid to the appellant against the loan he had secured from the Standard Bank, Moi Avenue Branch.

It would appear from the supplementary agreement of the same date by the same parties that the respondent liquidated the loan plus interest directly to the bank on behalf of the appellant in the manner agreed in the loan agreement. However, the appellant did not transfer to the respondent 0.85 of an acre as agreed and this prompted the latter to file a suit in the High Court at Nyeri on 1st January, 1983 to claim from the appellant the 0.85 of an acre. Altho…

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