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Kim Pavey, Rose Kabui Hinga & Yusuf Khan v. Loise Wambui Njoroge & Nelson Njunge Njoroge

(2011) JELR 99834 (CA)

Court of Appeal  •  Civil Appeal 217 of 2005  •  11 Mar 2011  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellants Kim Pavey, Rose Kubai Hinga and Yusuf Khan who are legal representatives of the estate of the late Kenneth Pavey appealed to this Court on 7th September, 2005 against the judgment of the superior court (Lenaola, J.) H.C.C.C.NO.6211 OF 1992 dated 18th February 1992.

The respondents on the other hand are the administrators of the estate of the late Njoroge Kiiru who was the registered owner of LR 9741/2 situate near Athi River. It is common ground that the late Kenneth Pavey entered into the parcel of land in November 1997 pursuant to a sale agreement between him and the late Kiiru. In H.C.C.C.NO.3683 of 1985 the late Pavey sought inter-alia an order for specific performance of the agreement of sale dated 4th November 1977 and for the respondents to execute the requisite transfer document. According to the late Pavey the subject matter of the sale agreement was a piece of land measuring 35 acres and a house. In the same suit the late Pavey had prayed f…

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