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Morjaria v. Abdalla

(1984) JELR 98953 (CA)

Court of Appeal  •  Civil Appeal 1 of 1982  •  4 Apr 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram:Hancox JA, Chesoni and Nyarangi Ag JJA )

CIVIL APPEAL NO. 1 OF 1982

BETWEEN

MORJARIA.................................................................................APPELLANT

AND

ABDALLA...............................................................................RESPONDENT

(In an appeal from the High Court at Nakuru, Mead J)

JUDGMENT

On March 8, 1979 the named respondent to this appeal (ADIJAH) and the two named appellants (Ranchod and his wife, Hariben) for breach of an alleged agreement, made in 1976, whereby the appellants said to have agreed to sell to the respondent two plots in Nakuru, No LR 451/453 at the junction of Race Course Road and Kenyatta Avenue, and LR 451/49/ 26 West of Pandit Nehru Road. The respondent alleged that he had paid a total of Kshs 220,000 of the agreed price of Kshs 650,000, the appellants, of which they acknowledged receipt, and a further Kshs 30,000 to their advocate, Mr K M Patel, of Nakuru. The respondent therefore so…

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