WALTER KIPYEGON CHERUIYOT V. STANLEY KORIR

JUDGMENT

1. Walter Kipyegon Cheruiyot (the appellant) was the registered owner of a parcel of land described as L.R No. Kericho/Silibwet/264 (the suit land). He entered into a sale agreement with Stanley Korir (the respondent) on 3rd March, 2014 for the sale of the suit land at a consideration of Kshs. 600,000/=. The respondent paid a deposit of Kshs. 300,000/= upon signing the agreement and agreed that the balance would be paid in 3 equal installments of Kshs. 100,000/= within the months of May, July and September 2014.

2. The respondent fulfilled his part of the agreement but the appellant refused to hand over vacant possession of the suit land and effect transfer of the title to the respondent.

3. Consequently, by a plaint dated 26th November, 2014 the respondent filed a suit against the appellant seeking specific performance of the agreement to compel the appellant to transfer the suit land to him.

4. In his defence, the appellant denied that the respondent had honoured his part of the agreement …