JUDGMENT OF THE COURT
Peter Owade Ogwang (“the appellant”) and Ogwang Omolo (“the deceased 2nd plaintiff”) filed a suit against George Orayo Olulo (“the deceased 1st defendant”) and Jared Obiero Ouya (“the respondent”). In the amended plaint filed on 3rd October, 1990, the plaintiffs alleged that in 1972 the deceased 2nd plaintiff sold five (5) acres of land parcel number South Sakwa/Kogelo/5 (“the suit land”) to one Hezron Olulo Olongo who was the father of the deceased 1st defendant at the purchase price of Kshs.4,300/= of which only Kshs.2,800/= was paid leaving a balance sum of Kshs.1,500/= payable upon sub-division and transfer of the said portion. The plaintiffs claimed that the said Hezron Olulo Olongo died on 8th February, 1976 before paying the said balance of purchase price of Kshs.1,500/= and before the sub-division and transfer of the portion sold to him. The plaintiffs further claimed that they had been staying on the unsold six (6) acres of the suit land on which they had…