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PETER WAWERU WAITITU v. CYRUS J. KARANJA

(2007) JELR 94216 (CA)

Court of Appeal  •  Civil Appeal 257 of 2001  •  16 Mar 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court of Kenya at Nairobi (Hon. Gacheche, Commissioner of Assize, as she then was) given on 24th May, 2001 whereby the appellant was ordered to refund to the respondent a sum of Khs.75,000/- together with interest at the rate of 20% per annum payable from 20th May, 1985 until payment in full following a void land transaction.

The facts giving rise to the dispute, the subject matter of the appeal now before us, are largely incontestable and briefly may be stated thus. The appellant is the registered proprietor of all that piece or parcel of land known as Land Reference No. 10029/28, the suit land, comprising by measurement approximately 85 acres or thereabouts. On 20th May, 1985 the appellant agreed to sell a portion of 15 acres of the suit land to the respondent in exchange for the respondent’s motor vehicle registration number KMP 865 whose value was agreed at Kshs.75,000/-.

It was an agreed term of the Agreement for …

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