RULING OF THE COURT
The applicant, Waweru Mangere, as plaintiff in Nairobi High Court Civil Case No 192 of 1979, unsuccessfully brought an action by plaint against the respondent, Sirinyi Ole Kuriti alias Sirinyi Ole Musiro, in effect, seeking an order that the respondent specifically perform his part of an agreement dated 19th January, 1965 for sale of a parcel of land in Ngong area. As at the date of the agreement the land was unregistered. Subsequently, however it was registered in the name of the respondent as parcel No Ngong/Ngong/477. One of the reasons for the dismissal of the applicant’s suit was that he did not obtain the requisite consent of the Land Control Board within the time prescribed in the relevant legislation. The applicant was aggrieved by that decision and brought this appeal which was filed on 23rd August, 1985.
The grounds upon which the appeal was brought are not material to this ruling. What is, however, material is the fact that in the application before us, da…