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KAHASO MAKUPE YAWA & 2 ORS
V.
OMAR TSUMA BAYA & ANOR

(2022) JELR 113631 (CA)

Court of Appeal 4 Mar 2022 Kenya
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Case Details

Suit Number:Civil Appeal 69 of 2019
Judges:SG Kairu, JA P Nyamweya, JA JW Lessit, JA
Location:Mombasa

JUDGMENT

  1. The appellants, Kahaso Makupe Yawa, and John Mwamuye Makupe, are the widow and son respectively of Makupe Yawa Mwalungo, deceased who died on 21st January 2002. They were appointed as the administrators of his estate by the High Court at Mombasa and instituted the suit before the ELC in that capacity. They averred in their plaint that by an agreement dated 29th July 1988, the deceased agreed to sell to the 1st respondent, who agreed to purchase 3 acres out of the suit property for a price of Kshs.54,000.00; that the 1st respondent only paid Kshs.10,000.00 leaving a balance of Kshs.44,000.00 which he failed or refused to pay; that the deceased died on 21st January 2002 before completion; that as a result of the 1st respondent’s failure or refusal to pay the balance of the purchase price, the sale was never completed; that the respondents, who are in occupation, were claiming an additional 4 acres of the suit property on which they trespassed preventing the appellants and other …

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