Isaiah Mathenge & another v Alfred Rugendo Kimotho
Division and case type: CivilCivil Appeal
The judge considered a number of letters exchanged between the proprietors and came to the conclusion that they constituted a memorandum or note within the meaning of section 3 of the Act and accordingly binding on the appellants. The first is a letter dated 16th July 1981 from the first appellant to SK Koinange in which he said: “Dear (Mr) Koinange Sale of Plot No 710/17/Mombasa Mr Solomon Murugu has shown me the sale agreement documents for Shs 550,000/-.