IN THE COURT OF APPEAL AT NAKURU
(Coram: Hancox, Nyarangi JJA and Platt Ag JA
CIVIL APPEAL NO. 6 OF 1983
Between
CLEOPHAS WASIKE.................................................APPELLANT
AND
SWALA......................................................................RESPONDENT
(Appeal from the High Court at Eldoret, Mbaya J)
JUDGMENT
May 30, 1985, Nyarangi JA delivered the following Judgment.
By his plaint filed at the resident magistrate’s court Kitale on April 24, 1978, the appellant as plaintiff averred that on July 15, 1977 he purchased a 16-acre plot No 81 Kabuyetwe Scheme from the defendant, that he paid the purchase price of Kshs 30,000 to the defendant, who vacated the property but that on March 29, 1978, the defendant returned and reoccupied the plot making it impossible for the appellant to carry out cultivation. The plaintiff prayed that the defendant be ordered to transfer the parcel of land to him, be ordered to vacate the land and pay costs of the action plus interest at court rate…