IN THE COURT OF APPEAL
AT NAKURU
(Coram: Platt, Apaloo JJA and Masime Ag JA)
CIVIL APPEAL No. 79 OF 1986
BETWEEN
CHERUIYOT ...........................................................APPELLANT
AND
BARTIONY...............................................................RESPONDENT
(Appeal from a judgment of the High Court at Eldoret, VV Patel J)
JUDGMENT
May 20, 1988 Apaloo JA delivered the following Judgment.
The respondent is the registered owner of a piece of agricultural land known as Nandi/Sangalo/251 measuring 7.5 acres. In March 1970, he entered into a written agreement to sell it to the appellant at the price of Shs 2,800/=. Apparently, upon receipt of the purchase price, he put the appellant in possession. He is still in possession today.
Being agricultural land, the sale was subject to the consent of the Land Control Board. And the then extant legislation provided that the said consent must be obtained within three months of the agreement of sale. Thereafter, by the peremptory provision of…