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Kairu v. Shaw & 3 others

(1985) JELR 100286 (CA)

Court of Appeal  •  Civil Appeal 21 of 1985  •  9 Dec 1985  •  Kenya

Coram
James Onyiego Nyarangi, Alister Arthur Kneller, Chunilal Bhagwandas Madan

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Madan Ag CJ, Kneller and Nyarangi JJA)

CIVIL APPEAL NO. 21 OF 1985

KAIRU .............................................APPLICANT

VERSUS

SHAW and 3 OTHERS..........................RESPONDENT

JUDGMENT

This appeal arises out of a suit filed by the plaintiff in the High Court for specific performance of a contract for the sale of land at the alleged agreed purchase price of Kshs 7m. The record of appeal has been filed as supplied by the High Court.

At the trial in the High Court the plaintiff was represented by Mr Vadgama assisted by Mr Muttu. An application was filed in this court three days ago for leave to insert certain omissions into the record of appeal said to have been left out from the trial judge’s notes of the trial, but which appear in the notes taken by Mr Muttu as the trial proceeded. It is said that the omissions not appearing in the record are vital, and they may well affect the court’s decision on this appeal.

This is a novel application in …

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