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JOSEPH NYAGA NJAGI & 2 ORS
V.
MICHALE MUCHIRA NDUMA & ANOR

(2014) JELR 104725 (CA)

Court of Appeal 28 May 2014 Kenya
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Case Details

Suit Number:Civil Appeal 4 of 2014
Judges:Alnashir Ramazanali Magan Visram, James Otieno Odek, Stephen Gatembu Kairu
Location:Nyeri
Other Citations:Joseph Nyaga Njagi & 2 others v. Michale Muchira Nduma & another [2014] eKLR

JUDGEMENT OF THE COURT

The appellants are trustees and officials of Christ True Vine Ministry Church. On 26th January, 2010, the appellants entered into an agreement with the 1st respondent wherein the 1st respondent as the absolute registered proprietor of Land Parcel No. Ngandori/Kirigi/3594 was to lease a portion of the said parcel for a rental sum of Kshs. 1,000/= per month. The appellants made an advance payment of Kshs. 10,000/= towards the monthly rent. It was a term in the said agreement that should the appellants wish to buy a portion of the parcel, the lease amount paid will be utilized towards the purchase price.

On the strength of the lease agreement, the appellants constructed a church on the parcel at a cost of Kshs. 300,000/=. Subsequently, on 20th September 2010, the appellants and the 1st respondent substituted the earlier agreement for lease and made a formal written agreement for purchase of the portion of land measuring 0.08 hectares out of land parcel no. Ngandori/K…

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