JUDGMENT
Lakha JA. This appeal, which has arisen in an action for specific performance of a contract for the sale of land from a decision of the Superior Court (Ole Keiwua J) given on 29 April 1999, has raised some points of no little difficulty. The actual question with which alone we must deal may, however, be shortly stated; it is whether in the circumstances which I shall state the defendant who was the purchaser under the contract, was entitled to an order of specific performance and, if not, to what reliefs, if any. It will be necessary to lay the foundation for what follows with some statement of the facts which must be detailed, at any rate as to part of them.
The contract itself is dated 19 December 1992. It was made between the appellant as the purchaser and the first respondent as the vendor and is hereinafter referred to as "the earlier agreement". It related to a piece or parcel of land, known as Land Reference 209/11875 (the suit property) along General Mathenge Drive, Nai…