JUDGMENT OF PLATT, AG JA
This is an appeal against the judgment of the High Court, in which the High Court directed that the ruling of the Resident Magistrate dated March 13, 1981, and the ruling of the Senior Resident Magistrate dated March 26, 1980 be set aside. The Land Registrar was directed to cancel the entry made in the register in consequence of the order given on March 26, 1980. The appellant challenges those orders, but before I deal with the grounds of the appeal it will be necessary to set out the background of the case.
As the learned judge stated, a person called Wanjohi Kiranga sued another person called Kabiri Ngathuri alias Kibiri Ngathori in 1967 in the Resident Magistrate’s Court at Nairobi (Civil Case No 4082 of 1967). The suit was for Shs 1,600, being money paid by Wanjohi Kabiri as part payment of the purchase price of 7 acres of land situated at Kiirie, Kirinyaga District. Kabiri had agreed to sell this land for Shs 2,800. The defendant Kabiri having been duly ser…