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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

JUDGEMENT OF OMOLO, J.A:

I had the advantage of reading in draft form the judgment of Akiwumi, J.A. and I entirely agree with his reasoning and conclusions. It is clear from a reading of the judgment of the superior court that the learned trial Judge wholly misapprehended the evidence which was placed before him by the parties. The lease-purchase agreements were placed before the trial Judge. None of them contained the stipulation contended for by the respondent that those agreements were conditional upon the respondent himself obtaining a loan or the appellant obtaining a loan on behalf of the respondent, from the Standard Chartered Bank, Ltd. True, the respondent was in need of money from that Bank, but the only thing the appellant ever offered to do in respect of that need of money by the respondent was that instead of paying directly to the respondent the sums due to him under the lease-purchase agreements, the appellant would instead remit the monies to Standard Chartered Bank Ltdā€¦

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