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 rates. A written statement of defence filed on June 9, 1978 stated inter alia that the defendant could not continue with the sale because the transaction became null and void for lack of consent of the relevant divisional land control board. At the plaintiff’s request the suit was fixed for mention before the senior resi…