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…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…

…proceedings of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped…

…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…