IN THE COURT OF APPEAL
AT NAIROBI
( Coram:Potter, Kneller and Hancox JJA )
CIVIL APPEAL NO. 42 OF 1981
BETWEEN
THOMAS OPENDA.................................................................APPELLANT
AND
PETER MARTIN AHN...........................................................RESPONDENT
(Appeal from the High Court at Nairobi, Wilkinson Guillemard J)
JUDGMENT
This an appeal by Thomas Openda, the vendor, from a judgment and decree of the High Court (Mr Justice Wilkinson-Guillemard) in Nairobi of May 14, 1980 by which Peter Martin Ahn, the purchaser, was successful in obtaining orders for the specific performance of an agreement for sale of Openda’s property in Lower Kabete Road, execution and delivery of the conveyance for it, vacant possession of the property, all by May 26, 1980, special damages of Kshs 2,800 a month from April 1, 1978, costs and, lastly, interest at court rates on the damages and the costs.
Ahn was and is a professor of Soil Structure in the University of Nairobi and Openda wa…