JUDGMENT
(Appeal from the Judgment and Order of the High Court at Kakamega, Aganyanya J)
April 29, 1988, Hancox JA delivered the following Judgment.
These proceedings seem to have originated from an agreement made on 28th December, 1979, between the present appellant’s father, Jacob Mulovi, and the respondent, Herbert Aganda, under which the former agreed to sell that/which was situated at Nzoia Sisal Estate for Kshs 18,500. Of this sum Shs 16,750 was paid by way of deposit, and it was expressed that “the balance of Shs 250/= will be paid within three months”. This of course could not be correct, but the matter is elucidated by the recording of a further payment of Shs 1,500 on the 30th August, 1980 which, with the balance of shs 250/= there stated to be outstanding agreed with the recorded purchase price of shs 18,500/=.
Unfortunately this transaction received less than enthusiastic approval from the present appellant, who is the elder son of the original vender. In that which I presume…