JUDGMENT OF THE COURT
A) THE SUIT BEFORE THE TRIAL COURT
1. In the suit before the High Court, the appellant impleaded the respondent seeking a declaration that non-completion of the purchase price of land parcel number ISUKHA/SHIRERE/3245 amounted to a fundamental breach of contract, and hence the sale transaction in respect of the said parcel of land (“the suit land”) was null and void. The appellant also prayed that the Land Register be rectified after cancellation of the title to the suit land.
2. The appellant alleged on 19th May, 1993 he entered into a sale agreement with the respondent vide which the appellant was to sell and transfer to the respondent a portion of land parcel No. ISUKHA/SHIRERE/3186 at an agreed purchase price of Kshs.180,000/=. However, the respondent paid Kshs.100,000/= only, thereby defaulting in payment of the full purchase price.
3. The appellant accused the respondent of fraud in causing subdivision of the original parcel of land using forged documents, effe…