<p class="ql-align-center">REPUBLIC OF KENYA</p><p class="ql-align-center">Namunyu v. Daraja</p><p class="ql-align-center">Court of Appeal, at Nakuru June 7, 1985</p><p class="ql-align-center">Hancox, Nyarangi JJA and Platt Ag JJA</p><p class="ql-align-center">June 7, 1985,</p><p class="ql-align-center">Platt Ag JA delivered the following Judgment.</p><p class="ql-align-center">Civil Appeal No 73 of 1983</p><p class="ql-align-center"> (Appeal from the High court at Eldoret, Mbaya J, Civil case No 19 of 1981)</p><p class="ql-align-justify">There was a very simple agreement between the plaintiff, Mr Suleman Daraja, and the defendant, Mr Japheth Namunyu, whereby the plaintiff loaned the defendant Kshs 12,000, as long as the February 19, 1977. It was a friendly loan, as these loans are called, to distinguish them from the loan of a money lender. According to the plaintiff he thereby aided the defendant to evade execution taken against his property in another case. But the defendant did not repay the loan, and when the plaintiff sued him in 1979, the defendant denied all knowledge of the transaction, and even that of a document, dated February 19, 1977, allegedly written and signed by the defendant.</p><p class="ql-align-justify">The resident magistrate hear the plaintiff and defendant give …</p>