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Vijay Kumar Saidha & Uma Saidhan v. Tribhuvan Gordhan Barkrania, Mahmud Rana & Alnashir Visram

(2015) JELR 94864 (CA)

Court of Appeal  •  Civil Appeal 9 of 2007  •  4 Dec 2015  •  Kenya

Sankale ole Kantai, James Otieno Odek, Fatuma sichale



Being desirous of selling their parcel of land known as L.R. No. 13644 situate in Sotik in present day Bomet County Dr. Vijay Kumar Saidha and his wife Dr. Uma Saidha (the appellants) approached the law firm of Veljee Devshi and Bakrania advocates (the firm) and an agreement for sale was drawn by that firm. The purchaser was identified in the agreement as Venture Technologies Limited and the consideration was stated to be Kshs.18,000,000/=. The completion date was stated to be 30th September, 1998. That sum of money was duly paid and transfer documents exchanged and the matter would have had a good and happy ending had it so remained. But the road from there gets rather rough and bumpy as was found by the learned trial judge and as the following events will show.

By an Originating Summons brought under the then Order LII, rule 4(1) (b) (it is today numbered in a friendlier way - Order 52) Civil Procedure Rules filed on 17th March, 1999 at the High Court of Kenya at…

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