JUDGMENT
The subject matter of this case is a piece of land of some 9.87 acres at Othaya/Kihugiru/57 of which the appellant was registered as proprietor under the name Wambugu s/o Karuga on September 24, 1958. According to his case, as presented to the High Court, in the year 1966 he verbally agreed with the respondent to allow the latter to go into possession of the land and to cultivate it, but not to plant cash crops. He said he could not sell it to him because he, the appellant, had many children. The kind of produce he was permitted to plant were beans, maize and sweet potatoes.
As a result of a letter dated May 28, 1974 from the respondent (exhibit 3) the appellant again said that he did not agree to sell him the land. On July 11, 1975 (not July 11, 1976, as the amended plaint states) the appellant’s then advocates wrote to the respondent’s advocates giving their client 21 days to vacate, failing which they would begin proceedings for eviction. The respondent did not, however, vac…