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Ndima Tea Factory Limited v. Joseph Mwaniki Muchira t/a Central Associates

(2009) JELR 98502 (CA)

Court of Appeal  •  Civil Appli 147 of 2008 (UR 94/2008)  •  13 Mar 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

RULING OF THE COURT

In the plaint dated and filed in the superior court at Nyeri on 6th September, 2004, the respondent in this notice of motion, Joseph Mwaniki Muchira t/a Central Associates sued the applicant Ndima Tea Factory Limited and Kirinyaga County Council seeking judgment for Kshs.13,098,000/= to be paid to him by the applicant; general damages against both defendants and an order for permanent injunction restraining the second defendant, Kirinyaga County Council from claiming and/or otherwise interfering with his parcel of land Kirinyaga/Gathigiriri/259 and 581 in any manner. That claim was brought against the applicant on allegations that the applicant had breached contracts of sale of two parcels of land Kirinyaga/Gathigiriri/259 and 581 measuring 20 acres and 54 acres respectively which was allegedly entered into between them on 23rd June 2004, in respect of which the total price agreed was Ksh.13,098,000/= and which parcels had pursuant to the agreements been transferred…

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