JUDGMENT OF THE COURT
1. The respondent is the registered owner of parcel described as L.R No. 3734/223. She developed the parcel by erecting villas for sale. According to the appellant, on 28th September, 2007 the respondent offered to sell to him one of the villas being villa unit no. 5 (herein after referred to as the suit premises). The salient terms of the offer were that the purchase price was Kshs.17,000,000/=; the appellant was to pay 20% of the purchase price which translated to Kshs.3,400,000/= upon acceptance of the offer; the balance was to be paid within 90 days of completion. The respondent was also required to install all fixtures and fittings on the suit premises within 90 days of acceptance.
2. The appellant accepted the offer on 1st October, 2007 and paid a sum of Kshs.4,400,000/= to the respondent through her advocate, Messrs. Onesmus Githinji and Company Advocates. In total breach of the terms of the agreement, the respondent failed to complete the transaction within…