NJUGUNA WAMUTI V. SIMEON KOIMBURI

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

( Coram: Law V-P, Mustafa and Musoke JJ A )

CIVIL APPEAL NO. 31 OF 1976

BETWEEN

NJUGUNA WAMUTI..................................................................APPELLANT

AND

SIMEON KOIMBURI............................................................RESPONDENT

( Appeal from the Judgment of the High Court (Nyarangi J) Dated 26th May 1973 in Civil Case No 117 of 1973 )

JUDGMENT

The respondent to this appeal (to whom we will refer as “the plaintiff “) was the occupier of plot 301 in the Suwerwa settlement scheme, under a letter of allotment dated 12th June 1966, and the land was subject to a charge in respect of moneys advanced by the settlement land trustees to the plaintiff. In 1971 the plaintiff agreed to transfer his interest in the plot to the appellant (to whom we will refer as “the defendant”) who is related to him. The agreed consideration was Shs 6000. The consent of the Land Control Board was sought. The application for consent, dated some…