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Nyangau v. Nyakwara

(1985) JELR 95229 (CA)

Court of Appeal  •  civ app 33 of 84  •  19 Jun 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox, Derek Schofield

Judgement

REPUBLIC OF KENYA

Nyangau v. Nyakwara

Court of Appeal, at Nairobi June 19, 1985

Hancox, Nyarangi JJA and Platt Ag JA

Civil Appeal No 33 of 1984

(Appeal from the High Court at Kisii, Schofield J)

June 19, 1985, Hancox J delivered the following Judgment.

I am of the opinion that the point taken in the second ground of the memorandum of appeal must succeed. The appellant indicated to the arbitrator, Mr Osoro, that he wished to call five witnesses, including himself. It is a reasonable inference that one of these witnesses was Onyando Bonuke, because he was named in the counterclaim as one of the original joint registered owners from whom the appellant said he purchased the suit land. It would follow from this that Jackton Ocharo might not have had sole authority to sell the land, as was implicit from the plaint, and that Onyando could have given material evidence on this issue.

The affidavit of Onyando stated that he was outside Mr Osoro’s chambers during the hearing of the arbitration but that …

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