JUDGMENT OF THE COURT
Jason Masai, the appellant, agreed to buy from Masai Arap Kipsami, the respondent, a parcel of land measuring 100ft x 100ft for a sum of Kshs. 4,000/= on 14th June, 1977. The respondent did not transfer the said parcel of land (the suit land) to the appellant.
Whilst the respondent contested the fact of possession by the appellant of the suit land before the superior court (Ong’udi J) from the date of agreement for sale (14th June, 1977), the learned judge did not make a finding on that contested issue. The learned judge had this question posed before him. As he did not answer it , it falls to us now to decide the issue. It is common ground that the agreement for the sale of suit land was made on 14th June, 1977. It is common ground that the agreed purchase price was a paid in full by the appellant.
At least it is alleged by the respondent that one letter was sent to the appellant by the chairman of the respondent’s clan asking the appellant not to build any structu…