JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Nambuye, J.) dated 13th October, 1999 whereby the superior court, inter alia, allowed the respondent’s suit for specific performance of an agreement for sale of land by processing the transfer and dismissed the appellant’s counter-claim for eviction of the respondent from a portion of 50 acres of land reference No. 7060/1 – in Kiminini Trans Nzoia District. The appellant – Nathan Washiko Fedha died during the pendency of the appeal and his two legal representatives Fred C. Fedha and Peter W. Fedha were joined in the appeal in place of the deceased. By a plaint filed on 29th June, 1995, the respondent claimed from the deceased specific performance of the agreement of sale by transfer of a portion of 50 acres of the suit land, or, alternatively, a refund of the purchase price with interest.
The respondent averred in the plaint, among other things, that; by an agreement made on 1st July, 1989 the deceased had…