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…On 17th January 1985 he signed the agreement in the presence of Mr Gibson Kuria, advocate, who acted for both the parties. The second respondent was not present at the time and he had not signed the said agreement.…

…When this was realized at the hearing of the case and was made a ground of a submission by the appellant’s advocate, the first respondent, in consequence, and to meet the said objection, applied for leave to add the second…