RULING OF THE COURT
1. In an ex-tempore ruling we delivered on 20th November, 2014, we dismissed Charles Asikowa Okolo's Notice of Motion dated 24th October, 2014 and undertook to give our reasons therefor today. The following are therefore our reasons for dismissing that application.
2. For clarity and to put the matter in context we need to give a summary of the background facts in this matter
3. On 25th October, 2005, the applicant entered into an agreement with one Benjamin Nyamumbo Oonge (the vendor) for the purchase of 31 acres of the vendor's piece of land situate in Kitale and known as L.R No.8994/20 (the suit land) for Kes.6,080,000. It would appear that that transaction fell through and in 2011, the applicant filed Kitale HCCC No. 39 of 2011 against Benjamin Nyamumbo Oonge as the 1st defendant, Agricultural Finance Cooperation as the 2nd defendant and Emkos Company Limited as the 3rd defendant, and sought inter alia an order of specific performance or in the alternative the ref…