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Njau Kiono v. James Maina Kiragu

(2008) JELR 94788 (CA)

Court of Appeal  •  Civil Appeal 20 of 2002  •  6 Jun 2008  •  Kenya

Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Joyce Adhiambo Aluoch



This appeal has a long and somewhat unhappy history. The dispute between the appellant NJAU KIONO and the respondent JAMES MAINA KIRAGU can be traced back to a plaint filed by JAMES MAINA KIRAGU in the Resident Magistrate’s Court Naivasha on 22nd November, 1991. In the plaint personally filed by the respondent herein contained inter alia, the following:-

“In the year 1983 the plaintiff entered into a sale agreement of 4 acres of land out of Plot No. 218 Njabini Scheme where the defendant agreed to sell the said land at a consideration of 14,000/= per acre. Total amount Kshs.56,000/= which amount is paid in full. The defendant has now refused/failed to transfer the 4 acres to the plaintiff despite several verbal request. The cause of action arose at Njabini Scheme and this Honourable Court has jurisdiction to try this suit.

WHEREFORE the plaintiff prays for:-

(a) The court to order the defendant to transfer the 4 acres alternatively the court so sign all documents on …

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