JACKSON K. CHEBET V. SELLY J. BUSIENEI & RICHARD K. BUSIENEI

JUDGMENT OF THE COURT

1. The appellant, Jackson K. Chebet, has appealed against an interlocutory decision of the Environment and Land Court (ELC) of Kenya at Eldoret, (Munyao Sila, J.) given on 18^th September 2014 restraining him from concluding the purchase of a property known as L. R. No. 6459/4 from the 2^nd respondent and ordering him to vacate and stay away from that property pending the hearing and determination of the suit.

Background

2. There is no dispute that by an agreement for sale dated 19^th May 2014, entered into between Richard Kipruto Busienei, the 2^nd respondent, as vendor and the appellant as the purchaser, the 2^nd respondent as the registered owner of the property known as L. R. No. 6459/4 (the property) measuring approximately 43.97 Ha (108.64 acres) agreed to sell the same to the appellant at an agreed price of Kshs. 43,456,000.00. Under the terms of that agreement, the appellant was required to pay the amount of Kshs. 20,000,000.00 between 20^th May 2014 and 20^th June…