JUDGMENT OF THE COURT
This is an appeal against the judgment of the High Court of Kenya at Mombasa (Khaminwa, Commissioner of Assize, as she then was), delivered on 20th December, 2002 whereby that court ordered the appellant, the defendant in the suit, to refund a total of Shs.505,000.00 to the respondent, the plaintiff in the suit, being in respect of the refund of the purchase price and the value of added accessories for a motor vehicle which the appellant had sold to the respondent pursuant to an inconclusive contract of sale.
The facts giving rise to the matter now before us are largely not in dispute and may be briefly stated as follows. On or about the 3rd day of March, 2002, the appellant agreed to sell to the respondent motor vehicle Mitsubishi Pajero registration NO. KAD 754C at a consideration of Shs.450,000.00. The full purchase price was paid over to the appellant and the motor vehicle was handed over to the respondent. However, five weeks after the execution of the agreeme…