Japhet Muriungi Mukiira v Simon Kanyaru Ndatho [2019] KEHC 7706 (KLR)

Facts

The appellant claimed that he gave the respondent Kshs. 400,000 for the purchase of 80 bags of green grams, but the respondent failed to deliver them. The respondent admitted receiving Kshs. 40,000 for 10 bags of millet, which the appellant failed to collect.

Issues

1. Whether the appellant gave the respondent Kshs. 400,000 for the purchase of 80 bags of green grams
2. Whether the agreement dated 8th May, 2013 was signed under duress or undue influence
3. Whether the agreement dated 8th May, 2013 was unreliable or not genuine

Reasoning

The appellant's contradictory evidence and the respondent's denial of the claim led to the dismissal of the appeal. The agreement was not properly executed and was not an agreement capable of being enforced.

Outcome

Appeal dismissed

Authorities cited