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Sisto Wambugu v. Kamau Njuguna

(1983) JELR 96309 (CA)

Court of Appeal  •  Civil Appeal 10 of 1982  •  14 Nov 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Kneller, Hancox JJA and Chesoni Ag JA )

CIVIL APPEAL NO. 10 OF 1982

BETWEEN

SISTO WAMBUGU..........................................APPELLANT

AND

KAMAU NJUGUNA.........................................RESPONDENT

JUDGMENT

The subject matter of this case is a piece of land of some 9.87 acres at Othaya/Kihugiru/57 of which the appellant was registered as proprietor under the name Wambugu s/o Karuga on September 24, 1958. According to his case, as presented to the High Court, in the year 1966 he verbally agreed with the respondent to allow the latter to go into possession of the land and to cultivate it, but not to plant cash crops. He said he could not sell it to him because he, the appellant, had many children. The kind of produce he was permitted to plant were beans, maize and sweet potatoes.

As a result of a letter dated May 28, 1974 from the respondent (exhibit 3) the appellant again said that he did not agree to sell him the land. On July 11, 1975 (not …

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