NJUGUNA V. NJAU

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

(Coram:Madan, Law and Potter JJA)

CIVIL APPEAL NO. 2 OF 1980

BETWEEN

NJUGUNA..........................................APPELLANT

AND

NJAU..................................................RESPONDENT

JUDGMENT

Madan JA The appellants were the holders of the following decree in the High Court Civil Case No 631 of 1967 which was a suit between them as the plaintiffs and the respondent and one Njau Margia (we are not concerned with him any more) as the defendants for the specific performance of an agreement made between the parties in 1958 for the sale of Farm No 535 Ndarugu/Gathaite/Kiambu, or the return of Kshs 20,000 and damages for breach of contract, ie:

“1. That the defendant Chege Njau do within three months from the date of this decree (September 25, 1968) proceed to effect an alteration in the Register of Lands relating to the freehold known as No 535/Ndarugu/Gathaite/Kiambu so that in accordance with the agreement between the parties it is re…