Dorris Morgan v F.Stubenitsky [1977] KECA 8 (KLR)
- Court
- Court of Appeal
- Case number
- 8
- Citation
- [1977] KECA 8 (KLR)
- Decided
- 10 November 1977
AI Summary
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TypeCivil AppealPostureAppeal against the Decision of Kneller J in the High Court Nairobi on 13th January 1977 Civil Case No 282 of 1975CoramS.J.WICKS, S.W.W.WAMBUZI, E.J.E.LAW
Holding
The appeal is dismissed with costs.
Facts
An advertisement was placed in a local newspaper offering a house for letting. The respondent's wife signed a note agreeing to take the house by 1st June 1974. The respondent later informed the appellants he did not want the house. The appellants claimed damages for breach of an agreement in writing.
Issues
- Was there a sufficient note or memorandum of an agreement satisfying the requirements of section 3(3) of the Law of Contract Act?
- Were the parties to the note or memorandum established?
Reasoning
The judge found that the written agreement did not satisfy the requirements of section 3(3) of the Law of Contract Act, and that the respondent was not a party to the consideration and not a lessee or tenant.
Outcome
Appeal dismissed with costs.
Authorities cited
Legislation (1)
- Law of Contract Act
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