JIMNAH IRUNGU N. MWANGI V. EUNICE NDUTA KAMAU

JUDGMENT OF THE COURT

(1) This is an appeal by Jimnah Irungu N. Mwangi (the appellant) arising from the judgment and decree of the Environment and Land Court at Nyeri dated the 28^th September, 2015 and delivered by the Honourable Lady Justice L. N. Waithaka. The appeal is a second appeal, the issues on appeal having originated from the orders made on the 28^th February, 2013 by Honourable J. J. Masiga, Resident Magistrate at Murang’a in SPMCC No.111 of 1991.

(2) To put the matter in perspective, the appellant instituted by way of plaint a suit against Kamau Thuita, now deceased (the deceased) and substituted by Eunice Nduta Kamau, as the legal representative of the deceased (the respondent), seeking orders directing the deceased to transfer to the appellant four acres of land, being a portion of Plot No. 207 – Maragua Ridge (the suit property). The appellant’s cause was founded on a written agreement dated the 19^th February, 1979 between the appellant and the deceased for the purchase of…