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THE GOVERNMENT OF THE UNITED STATES OF AMERICA v. JOSEPH MUIRURI GITHONGO

(2000) JELR 95204 (CA)

Court of Appeal  •  Civil Appeal 27 of 1999  •  14 Jun 2000  •  Kenya

Coram
Riaga Samuel Cornelius Omolo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 27 of 1999

THE GOVERNMENT OF THE UNITED STATES OF AMERICA.....APPELLANT

AND

JOSEPH MUIRURI GITHONGO........................................................RESPONDENT

(Appeal from the judgment of the High Court of Kenya atNairobi (Mbito J) dated 1st September, 1998

in

H.C.C.C. NO. 1315 OF 1991

CONSOLIDATED WITH

H.C.C.C. NO. 2040 OF 1996)

JUDGEMENT OF OMOLO, J.A:

I had the advantage of reading in draft form the judgment ofAkiwumi, J.A. and I entirely agree with his reasoning andconclusions. It is clear from a reading of the judgment of the superiorcourt that the learned trial Judge wholly misapprehended theevidence which was placed before him by the parties. The lease-purchase agreements were placed before the trial Judge. None ofthem contained the stipulation contended for by the respondent thatthose agreements were conditional upon the respondent himselfobtaining a loan or the appellant obtaining a loan on behalf of the re…

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