JUDGMENT
June 13, 1980 Madan JA delivered the following Judgment.
The appellant was the second defendant in a suit instituted by the respondent against him in the High Court with one Solomon B Kenyanya as the first defendant.
The first defendant was the registered owner under the Registered Land Act of Title Number Central Kitutu/Daraja Mbili/258 which he agreed to sell to the respondent for the agreed purchase price of Shs 17,500 under the terms of an agreement of sale made between them dated August 27, 1976. Clauses 4 and 5 of the agreement of sale provided:
“4. That the vendor is hereby restrained from entering into any other contract of sale with third parties in respect of the same piece of land.
5. That the vendor shall put the purchaser (respondent) into possession of the said piece of land on the signing hereof.”
According to a Transfer of Land Form the first defendant on August 31, 1977 sold the same piece of land for Shs 10,000 to the appellant who is now registered as the absolut…