JUDGMENT OF THE COURT
1. The appellant, Kiplagat Kotut, filed suit against the respondent Rose Jebor Kipngok, for specific performance of a contract for sale of land. By agreement dated on 31st January 2000, the respondent agreed to sell to the appellant all that freehold land known as LR No. Plateau/Plateau Block 2 (Uasin Gishu) 63 at a price of Ksh. 700,000/= (hereinafter referred to as the suit property). The sale was to be completed upon discharge of charge by Agricultural Finance Corporation (AFC).
2. The appellant asserts that he performed all his obligations under the agreement and even paid the outstanding loan due to AFC; and that he obtained consent to transfer the land dated 11th January 2001 from the Land Control Board. It was a term of the agreement that upon completion of payment of the loan due to AFC, the respondent should transfer the suit property to the appellant. In the suit, it is contended that notwithstanding performance of all his obligation, including payment of…