JUDGMENT
The appellant, Simon Gachoki Munyi claimed that between the months of February and April 2008, the 2ndrespondent, Peter Mwangi Kinyua had sold and transferred land parcel No. MWERUA/GITAKU/832 (the subject land) measuring 0.40 Ha to him for a consideration of Kshs. 900,000 and that he had paid Kshs. 400,000. It was intended that the balance would be paid upon the consent from the Land Control Board being obtained. He contended that before purchasing the subject land, he conducted due diligence on the title including an Official Search at the then Kirinyaga District Lands Office based in Kerugoya Town where he confirmed that the 2nd respondent was the registered proprietor of the subject land and further that it was free from all encumbrances.
It was his case that when the 1st respondent, Alice Nyawira Mwangi, the 2nd respondent’s alleged estranged wife learnt of the sale, she sued both the appellant and the 2nd respondent in the Kerugoya Senior Resident Magistrate's Court in Ci…