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(1988) JELR 94127 (CA)

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

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




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 satisfy the provisions of section 3(3) of the Law of Contract Act Cap 23 of the Laws of Kenya.

(2) It was one of the essential terms of the contract, indeed a condition precedent, that of the purchase price a sum of stg £20,000 had to be deposited in the respondent/vendor’s bank account in Jersey for the contract to be binding and enforceable. Despite his efforts the app…

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