FILIMONA AFWANDI YALWALA V. INDUMULI & ANOTHER

JUDGMENT

NYARANGI JA. This is an appeal by the defendant against the judgment entered by Aganyanya J. on 31st July, 1936 in Civil Appeal No 90 of 1985 of High Court of Kakamega.

The appeal arises from a suit filed in court on 2nd March, 1984 in which the plaintiffs (the respondents here) claimed that during the year 1980 they jointly or severally planted cane on two parcels of land known respectively as E Wanga/Isongo/791 and E Wanga/Isongo/792. The first plaintiff planted cane valued at Kshs 871.30 and the second plaintiff’s cane was worth Ksh 9,079.85. After the cane was mature, the plaintiffs contracted with Mumias Sugar Company Limited (the company) to sell the cane under two contracts. In the year 1982, claimed the plaintiffs, the defendant unlawfully and fraudulently and without permission converted the two contracts into his name thus making himself contractually entitled to receive the proceeds from the sale of the cane. The plaintiff’s further averment was that the defendant a…