JUDGMENT OF THE COURT
1. The appellant in this appeal, Gabriel Mutie Kivungi, is challenging the judgment of the Environment and Land Court (ELC) delivered by C. G. Mbogo, J. on 24th April 2019 in Makueni ELC Case No. 48 of 2017 dismissing his suit against the respondent, Margaret Kamene Mangenge. In that suit, the appellant had sought an order of specific performance to compel the respondent to complete the sale and transfer to him of Plot No’s 169 and 170 (the property) situated at Ngulu-Kikumbulyu Location, Kibwezi Division in Makueni County. The appellant had also sought damages for lost opportunity and use of the property for the two (2) years; a mandatory order to compel the respondent to hand over vacant possession of the property to him and an eviction order.
2. Based on the pleadings and the evidence presented before the ELC, the facts are that the parties entered into a ‘home-made’ agreement for sale dated 21st March 2014 in which the respondent agreed to sell the property to …