JUDGMENT OF THE COURT
[1] This is an appeal from the judgment and decree of the Environment and Land Court at Kitale dated 1st February, 2016. By the judgment the court declared the agreement of sale of land dated 15th January, 2008 entered into between Samuel Owour Tongoi as vendor and the appellant as the purchaser illegal, null and void and hence unenforceable in law. In addition the court dismissed the appellant’s counter-claim for specific performance of the said agreement.
[2] In May, 2012, John Diang’a Obaso as a guardian ad litem of Samuel Awour Tongoi filed a suit against the appellant claiming, inter alia, that, sometime in early 2008, the appellant illegally took advantage of the mental status of the vendor who was suffering from lapses of memory since 2005 and the prevailing tribal clashes and drafted an agreement of sale of 7.4 acres and compelled the vendor to sign the agreement.
The particulars of illegality pleaded were:
“i. Taking advantage of Samuel Awour Tongoi so as to…