JUDGMENT OF THE COURT
The Appellant, a limited liability company, which we shall hereinafter refer to as the Defendant, was sued by the Respondent whom we shall hereinafter refer to as the Plaintiff, for the specific performance of an agreement entered into in January, 1987, for the sale of a maisonette by the Defendant to the Plaintiff and for which, the Plaintiff had paid the Defendant the purchase price of Kshs.1,250,000.00. Strangely, the Plaintiff did not file his suit until some nine years after the alleged sale agreement was entered into and paid for. The Defendant in its defence denied that it had entered into any such sale agreement with the Plaintiff and that even if this were so, the Plaintiff was now barred by the Limitation of Actions Act, from bringing his action. The Defendant also alleged that even though the Plaintiff was in occupation of the maisonette, he was only there as its tenant who had also rather strangely, not paid rent since he went into occupation in Januar…