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Ramji Megji Gudka Ltd v. Alfred Morfat Omundi Michira, Getembe Thrift Company Ltd &Thomas; Oresi

(2005) JELR 96770 (CA)

Court of Appeal  •  Civil Appeal 335 of 2001  •  15 Jul 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of Wambilyangah J. delivered on 3rd October, 2001 dismissing the appellant’s application to strike out the statement of defence and counter-claim.

We must state on the outset that the record of appeal herein was very poorly prepared and we are mildly surprised that it has reached the hearing stage in the form it is. We shall, however, try our best to decipher what the parties are seeking.

The dispute herein relates to a piece of land described as KISII TOWN/BLOCK 11/72 together with improvements thereon. The lease for this piece of land (the suit land) was registered in the name of M/S GETEMBE THRIFT CO. LTD and pursuant to a written sale agreement the property was offered for sale to one, Alfred Morfat Omundi Michira, (1st respondent in this appeal). According to the appellant, (the plaintiff in the superior court) the 1st respondent failed to fulfill his part of the agreement which meant Getembe Thrift Co. Ltd was entitled to ente…

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