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…appeal by the defendant (appellant) from the decision of the superior court (late Bhandari, J) whereby he decreed specific performance to the second plaintiff (second respondent) to transfer to him the land known as Land Reference…

…regard to the surrounding facts leading to the formation of the agreement we are satisfied that the reality of the matter was that the second respondent so subscribing himself was acting as a principal, and this was so as no reference…

…Reference was made to section 27(1) of the same Act and its terms are:- “27(1) Section 4(2) does not afford a defence to an action founded on tort where:- (a) the action is for damages for negligence, nuisance or breach of…

…Since, however, this aspect of the case was conceded by Mr Aboo the reference to these decisions did not take us very much further.…

…Reference was made to Volume 31 of Encyclopedia Forms and Precedents 5th Edition at pages 495 – 498 as follows “Source of the law.…

…They also considered the Statute of Frauds which expressly refers to signature by an agent and that a clause which contain no reference to an agent was to be held to require personal signature.…

…Inamdar's digest with reference to pelvic injuries could have helped.…

…I should now make a further reference to Section 20 of the Act. I ask the question if the plainti’s action is within sub-section 2 of Section 20.…

…It is to be noted that no reference is made to those important telexes in the adavit to lead a warrant for the arrest of the ship sworn by Mr Johnson Robert Kariuki on behalf of Caltex on 5th December, 1988.…