John Bosco Gathecha & Joseph Gathongo Ngugi v. Hiram Bere Kinuthia & Francis Ngigi Matathia

JUDGMENT OF THE COURT

This is an appeal from the decision of the High Court of Kenya at Nairobi (Khamoni, J.) given on the 19^th March 1999. The learned judge dismissed a suit filed by John Bosco Gathecha and Joseph Gathogo Ngugi (the appellants) against Hiram Bere Kinuthia and Francis Ngugi Matathia (the respondents), seeking among other reliefs, specific performance of a Sale Agreement entered into on 27^thJanuary, 1988, and general damages for breach of contract. After hearing the parties and their advocates, the learned judge dismissed the suit with no order as to costs. It is against that decision that the appellants have appealed to this Court.

In their Memorandum of Appeal dated 3^rdJuly, 2004, the appellants raised 15 grounds of appeal namely;

THAT the learned judge erred in law and in fact, in failing to appreciate that the sub-divisional scheme over Title LR No. 28/17 and 28/20 was a lawful scheme undertaken by the defendants who offered a part thereof being sub-plot no. 14 compri…