JUDGMENT OF THE COURT
1. This is an appeal from the judgment of the High Court (R. Ougo, J) delivered on 13th July 2012 rejecting the appellants’ suit for: a declaration that they are entitled to be registered as proprietors of the property known as Title Number Ngong/Ngong/20194 (the property); and an order directing the respondent to transfer the property to them.
Background
2. In a suit filed before the High Court at Machakos and later transferred to the ELC Division of the High Court in Nairobi, the appellants pleaded that by an agreement for sale dated 19th December 2002 they agreed to sell the property to the respondent, who agreed to purchase the same for a consideration of Kshs. 1,600,000.00; that the respondent paid a deposit of Kshs 200,000.00 on execution of the agreement; that the balance of shillings 1,400,000.00 was to be paid in three instalments the last of which was to be paid on the completion date on 31 March 2003.
3. The appellants pleaded that at the request of the re…