JUDGMENT OF THE COURT
This is a first appeal from the original jurisdiction of the High Court. The appeal was provoked by the judgment of Kasango, J dated 16th February, 2006, in which the learned judge ordered the ABDULKADIR SHARIFF ABDIRAHIM “the 1st appellant”, to pay to the respondent US$ 200,000 and KShs.800,000/= with interest from 5th June, 2005, till payment in full, and costs of the suit. Although the suit was dismissed against the 2nd appellant, ABDINARSIR ABDIRAHIM MOHAMMED and this appeal is effectively by the 1st appellant only, we shall purely for convenience, continue to refer to Abdinarsir Abdirahim Mohammed as “the 2nd appellant” for ease of reference to the parties. Similarly and for the same reason, we shall continue to refer to the 1st respondent, although he is now deceased and substituted in this appeal by his legal representatives, Mehbuba Gelan Kelil, Towhida Awo Shariff and Isha Awo Shariff.
The parties in this appeal are relatives and businessmen with a history…