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WASIKE v. SWALA

(1985) JELR 95233 (CA)

Court of Appeal  •  civ app 6 of 83  •  30 May 1985  •  Kenya

Coram
James Onyiego Nyarangi, Harold Grant Platt, Alan Robin Winston Hancox

Judgement

REPUBLIC OF KENYA

Wasike v. Swala

Court of Appeal, at Nakuru May 30, 1985

Hancox, Nyarangi JJA and Platt Ag JA

Civil Appeal No 6 of 1983

(Appeal form the High Court at Eldoret, Mabaya J, Civil Appeal No 2 of 1982)

May 30, 1985, Nyarangi JA delivered the following Judgment.

By his plaint filed at the resident magistrate court Kitale on April 24, 1978, the appellant as plaintiff averred that on July 15, 1977 he purchased a 16-acre plot No 81 Kabuyetwe Scheme from the defendant, that he paid the purchase price of Kshs 30,000 to the defendant, who vacated the property but that on March 29, 1978, the defendant returned and re-occupied the plot making it impossible for the appellant to carry out cultivation. The plaintiff prayed that the defendant be ordered to transfer the parcel of land to him, be ordered to vacate the land and pay costs of the action plus interest at court rates. A written statement of defence filed on June 9, 1978 stated inter alia that the defendant could not continue with th…

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