JUDGMENT OF THE COURT
This litigation has a long and checkered history. The original defendant died in the course of this litigation and was substituted for by his son who is the respondent in this appeal.
The land in dispute is some ten acres of land parcel Othaya/Kiandemi/303 comprising 21.9 acres and situated in Othaya Division within Nyeri District. The case of the plaintiff who is the respondent in this case, is that he bought ten acres of land from the defendant's father sometime in 1960, but that inspite of him having paid the entire purchase price for the land, the defendant failed to convey the ten acres to him. The plaintiff in 1968, then sued the defendant in the superior court for specific performance. In his defence, which with leave of the superior court, was filed in 1984, the defendant denied that the sale had taken place and that even if there had been a sale, it was null and void since the consent of the relevant land control board for the sale had not been obtained.
Af…