IN THE COURT OF APPEAL
AT NAIROBI
( Coram:Madan, Miller and Potter JJA )
CIVIL APPEAL NO. 25 OF 1980
BETWEEN
KARURI...............................................................................APPELLANT
AND
GITURU..........................................................................RESPONDENT
JUDGMENT
Madan JA The appellant agreed to purchase and the first respondent and the late Mr Kithaka Nyaga (represented in these proceedings by his two sons the second and third respondents) each agreed to sell for the agreed price of Kshs 3,750 their respective parcels comprising five acres approximately of agricultural land being subdivisions of Kabare/Nyangati/259 and Kabare/Nyangati/260. After approval of the proposed subdivision by the land control board the two parcels came to be known as Kabare/Nyangati/892 and Kabare/Nyangati/893 respectively.
The respondents refused to transfer their respective portions to the appellant who as plaintiff instituted Civil Case No 890 of 1976 against the first re…