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 respondent as the defendant, and Civil Case No 891 of 1976 against the second and third respondents as the defendants. In both suits the appellant asked the court for a declaration against the defendants concerned that he was entitled to be registered as proprietor of parcels 892 and 893 whic…