M/S RICHARD SATIA & PARTNERS & JESTIMORE SIMWENYI V. SAMSON SICHANGI
(1997) JELR 104601 (CA)
Court of Appeal
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Civil Appeal 164 of 1995
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14 Mar 1997
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Kenya
Coram
Akilano Molade Akiwumi, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha
Judgement
<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The first appellant who is the first plaintiff, is a partnership firm originally consisting of some twelve partners of which, the second appellant who is the second plaintiff, is one. The firm bought a large farm L.R. No. 5335/24 in the Trans Nzoia District, in 1964, and the second plaintiff according to the plaint, sold in 1972, 4 acres of his share of the farm to the defendant for 4,000/=. The respondent who is the defendant, made part payment and it seems went into possession of more land than had been sold him. In 1975, however, he asked for his money back but upon this being refunded, refused to vacate the second plaintiff's portion of the farm which he had been occupying. It was not till 9 years later, that the second plaintiff sued the defendant seeking among other things, his eviction from the part of the farm that he was occupying, and an injunction restraining him from interfering with the second plaintiff's peaceful enjoyment of his portion of the farm.…</p>