JUDGMENT OF THE COURT
[1] Bhimji Parbat Dhanji Kerai, the appellant herein is dissatisfied with the judgment of the High Court (S Githinji J), in which his suit against the respondent Stephen Njoroge Mbonoh was dismissed. The appellant’s claim against the respondent was for judgment for Kshs.12,065,000/= being amounts paid by the appellant to the respondent, for purchase of four (4) parcels of land, but in regard to which there was total failure of consideration.
[2] The respondent filed a defence in which he admitted entering into an agreement with the appellant, in regard to land parcel No. Kitale/Municipality/Block10/198 (Block10/198) but contended that the appellant only paid him Kshs.1,000,000/= out of the agreed consideration of Kshs.4,500,000/=, and failed to pay the balance. The respondent denied having entered into any agreement or receiving the amount of Kshs.6,800,000/= in regard to the sale of Kitale/Municipality Block 11/151, 152 and 153.
[3] Hearing of the suit proceeded be…