JUDGMENT OF THE COURT
[1] This appeal arises from a suit that was filed in the High Court (Milimani Commercial Courts), by James Njuguna Njoroge (herein the ‘respondent’). He had sued Butuli Hassan (herein the ‘appellant’) seeking inter alia an order for specific performance of a sale agreement dated 27th August, 2005, and an order that the appellant do execute the transfer of lease pertaining to title for property known as Nairobi/Block 125/124 (hereinafter referred to as ‘the suit property’).
[2] The respondent’s suit was anchored on a written agreement allegedly entered into between him and the appellant. In the agreement the appellant who is the registered owner of the suit property agreed to sell the suit property to the respondent at a consideration of Kshs.1.7 million out of which the appellant acknowledge receipt of Kshs. 1,120,000/-. Although in accordance with the agreement, the balance of the purchase price was to be paid on 7th October, 2005, the appellant became evasive and…