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The petition is addressed to both the registrar of the High Court on behalf of the chief justice and the secretary/CEO of the Law Society of Kenya, and upon approval by the Council of the Law Society, one is ‘called to the bar’.

In my view the Defendant did give discover of non-compliance with the provisions of part four aforesaid. My finding is that it was half cost of the acquisition price, which I discover to have been agreed at K900,000 and not the K9,a hundred,000 trumped up by the Defendant. It is my opinion that a celebration needn’t cite the applicable law verbatim for him to be availed a statutory defence. He might be allowed such defence as long as he makes it clear, in his pleading, what facts he intends to adduce at the trial. Indeed in the immediate case the difficulty was raised through the testimonies of the Plaintiffs and the Defendant whether there was any written agreement between the first Plaintiff and the Defendant for the sale of the property and, in that case, what was the value.

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