JUDGMENTS
Gicheru JA: Plot No 86 in the Lumakanda Settlement Scheme, Kakamega district, the suit plot, was on 9th November, 1963 alloted to Alubisi Amukayia, the first respondent, by the Settlement Fund Trustees. By a written agreement dated 3rd March, 1970, the first respondent agreed to sell and James Sabatia, the appellant, agreed to buy this plot at a price of Kshs 4,000/-. The sum of Kshs 1,400/- was paid to the first respondent by the appellant on the date of the agreement. A further sum of Kshs 600/- was to be paid to the first respondent by the appellant on 11th March, 1970 but the agreement was silent as to how and when the remaining balance of the purchase price of Kshs 2,000/- was to be paid to the first respondent by the appellant. According to the appellant, however, on 11th May, 1970 he paid to the first respondent another sum of Kshs 1,050/- and was left with a balance of Kshs 950/- to pay to the first respondent pursuant to the agreement. By the year 1971, he had not pa…