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(1984) JELR 94845 (CA)

Court of Appeal  •  Civil Appeal 42 of 1981  •  22 Feb 1984  •  Kenya

Alan Robin Winston Hancox, Alister Arthur Kneller, Kenneth D Potter



This an appeal by Thomas Openda, the vendor, from a judgment and decree of the High Court (Mr Justice Wilkinson-Guillemard) in Nairobi of May 14, 1980 by which Peter Martin Ahn, the purchaser, was successful in obtaining orders for the specific performance of an agreement for sale of Openda’s property in Lower Kabete Road, execution and delivery of the conveyance for it, vacant possession of the property, all by May 26, 1980, special damages of Kshs 2,800 a month from April 1, 1978, costs and, lastly, interest at court rates on the damages and the costs.

Ahn was and is a professor of Soil Structure in the University of Nairobi and Openda was and is the Managing Director of Longmans (Kenya) Limited. They have, so far, employed a minimum of 9 advocates, but one at a time, in their litigation: Ahn 5 and Openda 4. This is one case in which there is no call to worry about the status of the parties or whether they had adequate, in terms of numbers, at any rate, legal advice.

At the be…

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