IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Law, Potter JJA and Hancox Ag JA )
CIVIL APPEAL NO. 63 OF 1981
BETWEEN
CASSAM..................................................APPELLANT
AND
SACHANIA..............................................RESPONDENT
JUDGMENT
Potter JA This is an appeal from a ruling of the High Court granting specific performance of an agreement for the sale of land on an interlocutory application under Order XII rule 6. By a written agreement of sale made on January 15, 1980 between the appellants as vendors and the respondents as purchasers, the appellants agreed to sell and the respondents agreed to buy an undivided one half share of a piece of land known as LR No 1/646 situated in Wood Avenue, Nairobi, together with the buildings thereon for Kshs 400,000. The provisions of the agreement material to this appeal are:
“1. The purchase price shall be Kshs 400,000 to be paid to the Vendors by the Purchasers by Bank’s Draft made out to the Vendors in the following manner -
a) Two hu…