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SIMIYU v. WATAMBAMALA

(1985) JELR 94365 (CA)

Court of Appeal  •  civ app 34 of 84  •  31 Jan 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

REPUBLIC OF KENYA

Simiyu v. Watambamala

Court of Appeal, at Nairobi

Hancox JA, Nyarangi and Platt Ag JA

Civil Appeal No 34 of 1984

(Appeal from the High Court, Gicheru J, Civil Case No 14 of 1982)

January 31, 1985, Nyarangi Ag JA delivered the following Judgment.

Old Jumba Watambamala the registered owner of a parcel of land known as No East Bukusu/North Kanduyi/76 measuring 31 acres and the father of Maurice, Francis and Fred, respectively the first, second and third respondents died intestate in September, 1970. A year later before the land was transferred to the respondents, the appellants entered into an agreement with the first, second and fourth respondents for the sale of the land whereby the first appellant Cleophas would purchase 16 acres for Kshs 5,440 and the second appellant Biketi was to buy the rest for Kshs 5,250. The appellants paid the agreed purchase prices to the three respondents and after the conclusion of sale agreement, each appellant was given possession of his portio…

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