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RICHARD SAIDI
V.
MANASSE LUMWACHI HAJANI

(1988) JELR 93624 (CA)

Court of Appeal 19 Sep 1988 Kenya
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Case Details

Suit Number:Civil Appeal 58 of 1986
Judges:John Mwangi Gachuhi, James Onyiego Nyarangi, Fred Kwasi Apaloo
Location:Kisumu
Other Citations:Richard Saidi v. Manasse Lumwachi Hajani [1988] eKLR

JUDGMENT

September 19, 1988, Gachuhi JA delivered the following Judgment.

This appeal is on computation of the figures in the process from the time of filing suit sailing through to execution. The appellant has not understood these figures. He particularly stated, that there is a mistaken on the record.

It is true, the claim in the plaint is for Kshs 48,776.25. Summary judgment was applied for and the judgment was entered on October 23, 1978 for Kshs 48,776.25. There is no difference of Kshs 20,000 which the appellant, claims to have paid in excess in the judgment. Considering the number of applications and costs involved and the interest charged, the appellant has to be satisfied that the figures are correct before he can firmly submit that judgment was entered for Kshs 68,477.25. If it was entered for Kshs 68,477.25 has he been called to pay the principal as Kshs 68,776.25 or did he pay the principal amount as Kshs 48,776.25. Judgment having been entered and before execution, a decree …

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