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 Suit
…This may tie in with the reference to Kshs 3,000 made by William Mwenyesi in his sketch plan [Exhibit 3] in the plot next to that of Stephen Mtsonga.…
…Then there is the evidence of William Mwenyesi, the recording officer, and his sketch plan which despite some obscurities in it and the reference to the land being leased by the plaintiff to the defendant supports the version…