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Munyiri v. Ndunguya

(1985) JELR 98817 (CA)

Court of Appeal  •  Civil Appeal 60 of 1983  •  24 May 1985  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement

IN THE COURT OF APPEAL

AT NYERI

(Coram:Nyarangi JA, Platt and Gachuhi Ag JA)

CIVIL APPEAL NO 60 OF 1983

Between

MUNYIRI..........................................................APPELLANT

AND

NDUNGUYA..................................................RESPONDENT

(Appeal from the High Court at Nyeri, VV Patel J)

JUDGMENT

May 24, 1985, Platt Ag JA delivered the following Judgment.

On May 31, 1983 in the presence of Mr. Ndirangu for the applicant, and Mr. C C Patel for the respondent the following entry was made:

“By consent it is ordered that this case will be marked settled upon payment by the plaintiff of a sum of Kshs. 25,000 to the defendant, which the defendant hereby agreed to accept in full settlement by monthly instalments of Kshs 3,000 each with effect from July 5, 1983 and then on 5th of each month UDC. In default execution to issue.

Earlier orders for costs are set aside. It is ordered that there be no order for costs.

The land registrar to remove the caution lodged by the defendant on the la…

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