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THEOPHILUS KADIDA KIDADA & ANOR
V.
MATHIAS MULELO MUTUA

(2022) JELR 113912 (CA)

Court of Appeal 24 Jun 2022 Kenya
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Case Details

Suit Number:Civil Appeal 19 of 2020
Judges:SG Kairu, JA P Nyamweya, JA JW Lessit, JA
Location:Mombasa

JUDGMENT

  1. Theophilus Kadida Kidada and Rose Nakisu Abawata, (the 1st and 2nd Appellants) have brought this appeal against the judgment of the High Court delivered on 25th June 2019 (D. Chepkwony J.) dismissing their appeal against a judgment delivered by the Senior Principal Magistrate Court (hereinafter the trial Court) in Mombasa CMCC No 2490 of 2011. The Appellants were initially sued by Mathias Mulelo Mutua (the Respondent herein) in Mombasa CMCC No 2490 of 2011, wherein the trial Magistrate found that there was a sale agreement between the Appellants and Respondent in respect of the house in land parcel MN I/3015 (the suit property), and that the Appellants terminated the same in breach of the agreement after they had been paid 10% of the purchase price amounting to Kshs. 800,000/= by the Respondent. The trial Magistrate accordingly entered judgment for the Respondent against the Appellants jointly and severally for a refund of Kshs. 800,000/= with interest at Court rates with effe…

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