JUDGMENT OF THE COURT
This is an appeal against the judgment and decree of the High Court of Kenya (Mbaluto, J.) sitting at Kisii.
The relevant facts which emerge are that on 16th January, 1990 the respondent agreed to sell and the appellant agreed to buy from the respondent all that piece or parcel of land known as W. Mugirango/Bonyamuta/117 measuring approximately 0.4) of an hectare at a sum of Shs. 38,000/-. We will refer to the respondent as the vendor and the appellant as purchaser for convenience.
The purchaser paid the sum of Shs. 30,000/- (as agreed) upon the execution of the agreement for sale. The sale of the purchase price, being Shs. 8,000/- was to be paid by the purchaser upon the transfer of the said piece of land (hereinafter referred to as “The suit land” to him (the purchaser).
It is not in dispute that the suit land is agricultural land and as such governed by the provisions of the Land Control Act (Cap 302) (The Act).
The application for consent (for the transaction) by …