JUDGMENT
Platt JA Once again the trumpet of Equity has called into question the operation of the Land Control Act (Cap 302) by a party who has sold land and having not helped the purchaser to get consent to that sale, has resold later to another person, to which sale consent has been given, and the land transferred by registration to the new purchaser. It is sought by a finding of fraud to set aside the registration, and to induce the authorities to assist the first purchaser.
As the learned judge found them, the facts were that in January 1976, the respondent/defendant purchased land from Ismael Machio, and paid the full price of Kshs 12,742. The respondent Sylvester Nyongesa Donati, attempted to get Ismael to transfer the land to him. Unfortunately Ismael spent some years in jail, and his complaint was that the respondent had not paid the full purchase price.
In November 1982, the appellant/plaintiff Gabriel Makokha Wamukota, purchased the land from Ismael Machio, at a price about thre…