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Mombasa Bricks & Tiles Ltd & 5 others v. Arvind Shah & 7 others

(2019) JELR 98968 (CA)

Court of Appeal  •  Civil Appeal 117 of 2018  •  4 Apr 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The law of contract recognizes and respects the freedom of parties to enter into agreements setting out the parameters within which they are to be governed. That being so, as this Court rightly observed in Abdul Jalil Yafai v. Farid Jalil Mohammed [2015] eKLR, the law equally places a high value on ensuring parties have truly consented to the terms that bind them. At the heart of this appeal lies the determination of, amongst other issues, whether the agreement(s) executed by the parties herein reflected their true intention or in other words, their consent to be bound by the terms thereunder.

2. The dispute that has pitted the appellants against the respondents revolves around the proprietorship of Subdivision No. 500 /Section VI /Mainland North (suit land) initially registered in favour of the 1st appellant together with a brick making plant, maize milling factory and other developments therein which were subsequently transferred and/or assigned to the 4th -7t…

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