Judgment[1995] KECA 142
Case law
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Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Sub-section (1) (2) and (3) of section 30 of the Act provide; 30. (1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following…