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Nyangau v. Nyakwara

(1985) JELR 95230 (CA)

Court of Appeal  •  Civil Appeal 33 of 1984  •  19 Jun 1985  •  Kenya

Coram
Harold Grant Platt, Alan Robin Winston Hancox, JM Gachuhi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Hancox JA, Platt and Gachuhi JJA.)

CIVIL APPEAL NO. 33 OF 1984

BETWEEN

NYANGAU............................................................APPELLANT

AND

NYAKWARA.....................................................RESPONDENT

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

JUDGMENT OF GACHUHI AG.JA

The plaintiff by his plaint filed in the High Court at Kisii Registry in civil suit No 52 of 1972 claimed from the defendant mesne profits, damages, possession and costs all these related to plot No 23 at Ramosha market in Nyaribari Masaba Location. He claimed that he bought the said plot from one Jackton Ocharo on or about April 15, 1969. At the time the defendant was in occupation as tenant. In his defence and counterclaim the defendant denied that the plaintiff ever bought the said plot as claimed and further stated in the alternative that the said Jackton Ocharo held the plot in trust for the defendant. He further claimed in the counterclaim that the plo…

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