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Sennik v. Republic of Chile

(1979) JELR 94950 (CA)

Court of Appeal  •  Civil Appeal 7 of 1979  •  8 Oct 1979  •  Kenya

Coram
Chunilal Bhagwandas Madan, Sir James Wicks, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WICKS, MADAN and POTTER JJA)

CIVIL APPEAL NO 7 OF 1979

SENNIK..........................................................APPELLANT

V

REPUBLIC OF CHILE.................................RESPONDENT

RULING

This a an appeal against the ruling of Miller J (as he then was) delivered on a summons filed under order XXXVI rule 3 of the Civil Procedure Rules by the appellant as plaintiff which claimed to be the purchaser under a contract dated October7, 1976 for the purchase of L.R.3734/ 874 from the respondent/defendant for the determination of the following question:-

“What part of the agreed purchase price of the land was paid by the plaintiff to the defendant on or before the signing of the contract.”

Under the provisions of order XXXVI rule 3 the power of the court is limited to answering a question arising out of or connected with the contract of sale (not being a question affecting the existence or validity of the contract).

The learned judge said in his ruling…

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