JUDGMENT OF THE COURT
The Diocese of Homa Bay Registered Trustees hereinafter “the respondent” entered into a sale agreement with Christine Nyanchama Oanda, hereinafter “the appellant” to sell all that piece or parcel of land known as LR.NO 12778/260 Langata hereinafter “the suit property” at a consideration of Kshs. 3,000,000. Upon execution of the agreement the appellant was to pay to the Government on behalf of the respondent Kshs.412, 911.00 on account of land rent. The balance of the purchase price was however to be paid upon completion. The sale agreement incorporated the terms of the law society conditions of sale as well and in so far as they were not inconsistent with terms of the agreement.
The agreement did not set a date for completion. However to the respondent the agreement having been dated 21st January, 2009 by the appellant the date of completion should have been within 42 days meaning therefore that the completion date should have been on 12th March, 2009.
The appellant…