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Nabro Properties Ltd v. Sky Structures Ltd & 2 others

(2002) JELR 98643 (CA)

Court of Appeal  •  Civil Appeal 175 of 1999  •  26 Apr 2002  •  Kenya

Coram
Johnson Evan Gicheru, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GICHERU, LAKHA and OWUOR JJ A)

CIVIL APPEAL NO 175 OF 1999

BETWEEN

NABRO PROPERTIES LTD.......................................APPELLANT

AND

SKY STRUCTURES LTD and 2 OTHERS .................RESPONDENTS

JUDGMENT

Lakha JA. This appeal, which has arisen in an action for specific performance of a contract for the sale of land from a decision of the Superior Court (Ole Keiwua J) given on 29 April 1999, has raised some points of no little difficulty. The actual question with which alone we must deal may, however, be shortly stated; it is whether in the circumstances which I shall state the defendant who was the purchaser under the contract, was entitled to an order of specific performance and, if not, to what reliefs, if any. It will be necessary to lay the foundation for what follows with some statement of the facts which must be detailed, at any rate as to part of them.

The contract itself is dated 19 December 1992. It was made between the appellant as the p…

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