JUDGMENT
This is a first appeal arising from the judgment of the High Court of Kenya in the Environment and Land Court of Kenya at Milimani ELC Cause No. 434 of 2012 delivered by E. O. Obaga, J. on 28th September, 2017.
The background to the appeal albeit in a summary form is that the appellant took out an Originating Summons (O.S) dated 24th July, 2012 against the respondent supported by a supporting and verifying affidavits seeking, inter alia, a declaration that the appellant was the beneficial owner of Flat Number E on Block MF-2 on LR Number 25980, (hereinafter, the suit property), specific performance of the contract for sale of land dated 26th August, 2010 signed between the appellant and the respondent, an order directing the respondent to vacate the suit property, an order directing the respondent to pay mesne profits to the appellant at the rate of Kshs.20, 000.00 per month until the date she vacates the suit property together with an attendant order that costs of the O.S be p…