JUDGMENT OF THE COURT
This is an appeal by the unsuccessful 2nd defendant in the subordinate court, now the appellant, against the judgment of Makhandia J. (as he then was) delivered on 17th January, 2011 whereby he dismissed, with costs, the appellant's appeal which he had filed from the judgment of Hon. Soita, Principal Magistrate, in Kisii Chief Magistrate's Court Civil Suit Number 87 of 2000. In that suit the respondent had sued the appellant and one Joseph Tayari Dangache, (hereinafter “the 1st defendant”,) for orders that the two do transfer land parcel numbers Central Kitutu/Ikuruma/1512 and 1513 respectively to him and in default the Executive officer of the Chief Magistrate's Court, Kisii be authorized to do so. He also sought cancellation of the transfer of Central Kitutu/Ikuruma/1512 to the appellant by the 1st defendant.
In the alternative he sought refund of purchase price with interest thereon; damages for breach of contract and the value of developments made by him on the…