JUDGMENT
March 21, 1988, Platt JA delivered the following Judgment.
This is an appeal from the decision of the High Court in Nyeri relating once again to the problem of Land Control consent. The learned judge held that the consent was valid, even though on the face of the document that would not appear to be so. As a consequence, the learned judge ordered specific performance of the contract for the sale of four acres out of the nine or so acres of land parcel No Nyeri/Endarasha/410.
The land in question was a parcel in the Endarasha Settlement Scheme.The Settlement Fund Trustees had allocated No 410 to the appellant Karuru Munyororo. By the beginning of 1980 the appellant Karuru owed some Kshs 12,800.75. By selling four acres to the respondent, Joseph Ndumia Murage for the sum of Kshs 21,000 the appellant sought to clear his land of the debt, leaving him still some balance with which to develop the remainder of the land. On April 17, 1980 the appellant Karuru swore an affidavit in which…