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Robert Mwaniki Gukemba v. Mwaniki Ngiri

(2013) JELR 96613 (CA)

Court of Appeal  •  Civil Appeal 202 of 2008  •  25 Jul 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

By a Plaint filed in the High Court, Mwaniki Ngiri, the respondent herein sought inter alia an order of eviction of the appellant from the parcel described as Baragwi/Raimu/824 (suit property); discharge of the caution registered by the appellant over the suit property and mesne profits.

The respondent is the registered proprietor of the suit property. The respondent took a loan from Barclays Bank and secured the said loan with the title of the suit property. In 1990, he was unable to repay the loan which had then escalated to Kshs. 36,000/= and the suit property was at risk of being sold. The respondent approached the appellant and offered to sell to him an acre of the suit property.

The actual purchase price that was agreed upon by the parties is disputed. The respondent claimed that the purchase price was Kshs. 150,000/=. The appellant on the other hand, claimed that as per the sale agreement dated 19th February, 1990 which was prepared by the District Officer of…

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