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Rubo Kipngetich Arap Cheruiyot v. Peter Kiprop Rotich

(2013) JELR 93636 (CA)

Court of Appeal  •  Civil Appeal 128 of 2008  •  15 Oct 2013  •  Kenya

Coram
David Kenani Maraga, John Wycliffe Mwera, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of Nambuye J (as she then was) delivered on her behalf by Dulu J on 24th April 2004 in Eldoret HCCC No. 133 of 1993 in which she dismissed the appellant's claim with costs.

2. The factual background of the case according to the Appellant was that by an agreement in Kalenjin language dated 7th July 1972, Kiprotich Arap Mibei now deceased (the deceased) sold his piece of land situate in Turbo area comprisingninety six (96) acres or thereabouts and known as Plot No. 207 Tapsagoi Settlement Scheme (the suit land) to Rubo Kipngetich Arap Cheruiyot (the Appellant) for Kshs.13,700/=. On 20th July 1972, the parties went to the offices of Justice Philip K. Tunoi of the Supreme Court of Kenya who was then an advocate practising in Eldoret and got their agreement drawn in the English language. The agreement provided that Kshs.4700/= had been paid before the execution thereof and that the balance was to be paid on or before 15th December …

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