IN THE COURT OF APPEAL AT KISUMU
(Coram: Madan, Law and Potter JJA
CIVIL APPEAL NO 12 OF 1980
Between
CHAUHAN....................................................APPELLANT
AND
OMAGWA.................................................RESPONDENT
(Appeal from the High Court at Kisii, Cotran J)
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 …