MUKURU MUNGE V. FLORENCE SHINGI MWAWANA, GILLIED MWANYASI MWAWANA & JOSEPH MWANGANGA MWAWANA

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court (Azangalala J) as he then was) dismissing the appellants appeal from the judgment of the Senior Resident Magistrate Taveta.

The appellant filed a suit in person in the subordinate court at Taveta against the three respondents mainly for specific performance of a sale agreement entered into between him and James Mwawana (deceased) in 1996. the 1^st respondent is the widow of the deceased while the 2^nd and 3^rd respondents are the sons. The appellant averred in the plaint inter alia that in 1996 the deceased agreed to sell to him plot LR. No. 4118/148 in Taveta Town for shs. 110,000/=, that he paid shs. 10,000 and the balance of shs. 100,000 was to be paid upon the production of a Letter of Allotment. He sued the respondents as the next kin of the deceased and pleaded that he sued the respondents as there was no administrator of the estate with whom he could deal.

The respondents filed a defence denying the agreement…