JUDGMENT OF THE COURT
1. In order to place this appeal in perspective, a brief background is necessary. Eliud Kipchirchir Bett (the 1st respondent) was requested by his client, China Africa Total Logistics Company Ltd., to identify on its behalf a suitable parcel of land for purchase around Miritini area in Mombasa. The 1st respondent approached Mwenda Thuranira (the 2nd respondent) who was described as a renowned real estate agent and together they identified parcels described as C.R. No. 36802 (L.R No. MN/V/2089), C.R. No. 35140 (L.R. No. MN/V/20158) and C.R. No. 49340 (L.R No. MN/V/2408) (suit property) measuring 24.6 acres belonging to Canyon Properties Ltd. (the 1st appellant). Thereafter, the respondents arranged for a site visit by its client’s representatives who gave the green light.
2. Apparently, the respondents had informed their client that the purchase price for the suit property was Kshs. 20,000,000 per acre. However, it turned out that the 1st appellant’s asking price wa…