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Ratilal Gova Sumaria & Pleated Industries (K) Limited v. Allied Industries Limited

(2007) JELR 94029 (CA)

Court of Appeal  •  Civil Appeal 203 of 2002  •  20 Dec 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful plaintiffs from the judgment of the superior court, (Mr. P.J. Ransley – the Commissioner of Assize – as he was then) delivered at Nairobi on 5th June, 2002 in which the learned Commissioner of Assize gave judgment dismissing the appellants’ suit with costs to the respondent.

The appellants herein Ratilal Gova Sumaria (as 1st plaintiff) and Pleated Industries (K) Ltd (as the 2nd plaintiff) filed a plaint in which they sued the respondent Allied Industries Ltd (as the defendant) in the superior court seeking judgment for specific performance of an agreement for sale. The relevant paragraphs of the said plaint were as follows:-

“4. By a verbal agreement made in 1986 between the plaintiffs and the defendant and evidenced in various correspondence exchanged the defendant agreed to sell and transfer to the plaintiffs land parcel known as L.R. No. 29/6/5 part “B” Baba Dogo Road, Ruaraka Nairobi at a consideration of Kshs.1,200,000/= be…

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