JUDGMENT
March 28, 1988, Nyarangi JA delivered the following Judgment.
The foundation of this litigation is an oral agreement made between the parties in May 1980 for the appellant to sell to the respondent four acres of land known as No.N/Wanga/Kholela/337 at a price of shs. 6,400/-.
The agreed purchase price was paid to the appellant and the record of minute numbered 521/80 Mumias Divisional Land Control Board held on 7th August 1980 in respect of the land the subject-matter of this appeal reads:
“Consent was given to an application made by Henry Mukhwana Kwemuli to sub-divide the .................... land into portions ............... thereafter transfer one portion to Joseph Musungu Ngachi by way of sale for shs. 6,400/-”
The twist in the story occurred when the plaintiff attempted to demarcate the four acres. The relevant Register which was made available to the Court through the helpful testimony of the D.O. Mumias shows the date of entry as 6th May, 1980.
The first limb of the action…