SAMWEL KANOGO RITHO V. JOHN MWANGI KARIITHI &ANOTHER;

JUDGMENT

October 12, 1988, Nyarangi, Apaloo and Masime JJA delivered the following Judgment.

This appeal arises from a decision of the High Court (Trainor, J) (as he then was) in a dispute between the appellant and the respondents wherein the appellant alleged that the respondents were in breach of contract. After a full trial the learned judge found that the appellant and the first respondent were party to a contract and that the first respondent was in breach of the contract. The learned judge however refused to order specific performance of the contract as had been sought by the appellant and also declined to award any damages for such breach of contract as in his view no damages had been proved.

In this appeal the court has been informed that despite the superior court’s refusal of specific performance the first respondent has subsequently and voluntarily executed a transfer of the suit premises being Plot No LR 36/ 11/108 to the appellant. So the grounds of appeal relating to specif…