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William Matheka Wathome v. Jackson Munyao

(2001) JELR 92872 (CA)

Court of Appeal  •  Civil Appeal 168 of 2000  •  25 May 2001  •  Kenya

Coram
Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

The appellant, William Matheka Mathome , was the plaintiff in H.C.C.C. No. 6 of 1996 which suit was filed at Machakos registry on 9th January, 1996. He sought the following reliefs:

"(a)An order compelling the Defendant to withdraw the caveat and consequently the same be removed.

(b)General damages.

(c)Costs of this suit.

(d) Any other relief that this Honourable Court may deem just to grant."

He had sought general damages, as per his pleading under Provisions of Section 57(12) of the Registration of Titles Act (Cap 281) Laws of Kenya (the Act). We will revert to that provision later, during the course of this judgment.

The respondent Jackson Munyao, filed, in the superior court, his defence and counterclaim on 2nd February 1996. By the counterclaim he sought orders, inter alia, for specific performance of an agreement, which he averred was partly written and partly oral, for sale of 41 acres of land known as L.R. 7815/4 (formerly L.R. 7815/2). His version of events a…

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