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Voi Development Company Ltd,Christopher L. Cannan & John Kell Campbell v. Agam Investments Ltd

(2014) JELR 95133 (CA)

Court of Appeal  •  Civil Appeal 150 & 174 of 2011 (Consolidated)  •  7 Feb 2014  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



These appeals were consolidated for ease of hearing and as they arose from the same judgment and decree by Odero, J. with Civil Appeal No.150 of 2011 being turned into the pilot file. The genesis of the appeals is a suit mounted in the High Court by Agam Investments Ltd “the Respondent” against Voi Development Company Ltd, Chris Cannan and John Kell Campbell, “the 1st, 2nd and 3rd appellants” respectively.

In the suit, the respondent claimed that by an agreement dated 30th July, 1997 the 1st appellant agreed to sell and the respondent agreed to purchase from it Plot Numbers 15031/41, 42, 118, 119, 120, 121, 123 and 124 respectively hereinafter “the suit premises” at an aggregated sum of Kshs.550,000/- inclusive of agency fees. In the said agreement the 1st appellant was represented by Ezazera Products hereinafter “Ezazera.” The agreement Agency fees was agreed at Kshs.150,000/- meaning that the purchase price for the suit premises was actually Kshs.400,000/-. Pursu…

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