JUDGMENT OF KNELLER, J A
Ng’ang’a Karanja, the appellant, asks this court to set aside the judgment of the High Court (Gicheru Ag J) at Kakamega, which dismissed his appeal from the decision of the Bungoma Resident Magistrate who found for Francis Karago Karanja, the respondent, in his suit against the appellant. The respondent by his plaint asked for an order that the appellant should transfer half an acre to him from his land parcel E Bukusu/S Kanduyi/1016 which he had sold to him on May 23, 1978 for Kshs 8,000 which had subsequently received the consent of Bungoma Town Council. The Appellant in his written statement of defence admitted the sale and consent but denied it was agreed that the portion sold was exactly half an acre in area. It was, he claimed, what was marked out by the parties during the negotiations for the sale and it was less than half an acre so the appellant was only ready and willing to transfer the latter to the respondent if he agreed but he do not do so.
The iss…