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Voi Development Company Limited v. Agam Investments Limited

(2016) JELR 95134 (CA)

Court of Appeal  •  Civil Appeal 55 of 2015  •  1 Jul 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The origin of the dispute that has culminated in this appeal is an agreement for sale made between the parties on 30th July 1997. It was alleged that by the said agreement the appellant, Voi Development Company Limited sold to the respondent, Agam Investment Company Limited some 8 plots of land, namely,15031/41, 15031/42, 15031/118, 15031/119, 15031/120, 15031/121, 15031/123 and 15031/124 curved out of the mother title, LR.No.15031.

After payment of the purchase price the appellant executed transfer to the respondent of the first six of the eight plots, 15031/41, 15031/42, 15031/118, 15031/119, 15031/120, and 15031/121. No transfers were signed in respect of two plots Nos. 15031/123 and 15031/124, (the suit properties) which are the subject of the dispute, because despite, the respondent’s assertion that it had purchased all the 8 plots, the appellant proceeded to sell to the 2nd and 3rd defendants in the primary suit (but who are not parties to this appeal) the tw…

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