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Parminder Singh Sagoo & Joseph Mascarenhas v. Neville Anthony Dourado & Maria Alba Aldonca Dourado

(1983) JELR 96325 (CA)

Court of Appeal  •  Civil Appeal 24 of 1982  •  4 Mar 1983  •  Kenya

Coram
Alan Robin Winston Hancox, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Madan, Potter JJA and Hancox Ag JA)

CIVIL APPEAL NO 24 OF 1982

BETWEEN

PARMINDER SINGH SAGOO .............................................APPELLANT

JOSEPH MASCARENHAS ..................................................APPELLANT

AND

NEVILLE ANTHONY DOURADO .....................................RESPONDNET

MARIA ALBA ALDONCA DOURADO..............................RESPONDENT

JUDGMENT

The appellants and the respondents (hereafter referred to as the purchasers and vendors respectively) entered into a written agreement dated October 28, 1977 for the sale to the purchasers by the vendors of their parcel of land reference number 1/414, Nairobi (hereafter referred to as the property) at the agreed price of Kshs 185,000. Condition 5 of the written agreement, which was subject to the Law Society Conditions of Sale, provided for completion on January 31, 1977. Special Conditions 1, 2, 3, 4, 5 and 6 stated:

“ All outgoings and incomings to be apportioned on completion date…

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