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Wagichiengo v. Gerald

(1988) JELR 94127 (CA)

Court of Appeal  •  Civil Appeal 72 of 1984  •  28 Oct 1988  •  Kenya

Coram
Joseph Raymond Otieno Masime, Fred Kwasi Apaloo, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Nyarangi, Apaloo JJA and Masime Ag JA )

CIVIL APPEAL NO 72 OF 1984

BETWEEN

WAGICHIENGO.......................................... APPELLANT

AND

GERALD...................................................... RESPONDENT

(Appeal from the Judgment of the High Court at Nairobi, O’Kubasu J)

JUDGMENT

October 28, 1988 Masime Ag JA delivered the following Judgment.

By his judgment delivered on 27th July 1983 O’Kubasu J dismissed with costs the appellant’s suit for specific performance of an agreement for the sale and purchase of premises known as LR 7660/35 Tigoni, Kiambu (hereinafter referred to as “the suit premises”) at the price of Kshs 1.2 million. That decision followed from the learned Judge’s findings on three issues which had been debated by the parties before him during the trial which may be summarized as follows:

(1) There was a valid contract between the parties evidenced by a memorandum or note in writing signed by the respondent and sufficient to satis…

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