Customer Support

JOSEPH NJENGA NJOROGE
V.
KABIRI MBITI

(1986) JELR 100603 (CA)

Court of Appeal 15 Oct 1986 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 87 of 1983
Judges:John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt
Location:Nairobi
Other Citations:Joseph Njenga Njoroge v. Kabiri Mbiti [1986] eKLR

JUDGMENT OF PLATT, AG JA

This is an appeal against the judgment of the High Court, in which the High Court directed that the ruling of the Resident Magistrate dated March 13, 1981, and the ruling of the Senior Resident Magistrate dated March 26, 1980 be set aside. The Land Registrar was directed to cancel the entry made in the register in consequence of the order given on March 26, 1980. The appellant challenges those orders, but before I deal with the grounds of the appeal it will be necessary to set out the background of the case.

As the learned judge stated, a person called Wanjohi Kiranga sued another person called Kabiri Ngathuri alias Kibiri Ngathori in 1967 in the Resident Magistrate’s Court at Nairobi (Civil Case No 4082 of 1967). The suit was for Shs 1,600, being money paid by Wanjohi Kabiri as part payment of the purchase price of 7 acres of land situated at Kiirie, Kirinyaga District. Kabiri had agreed to sell this land for Shs 2,800. The defendant Kabiri having been duly ser…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.