JUDGMENT OF THE COURT
By a Plaint, the appellant commenced a suit in the Senior Resident Magistrate's Court at Kerugoya wherein she sought inter alia refund of Kshs 71,000/= from the respondent. It was the appellant’s case that on 17th November, 2009 the respondent and herself entered into a sale agreement wherein they agreed to jointly purchase L.R No. Ngariama/Thirikwa/254 (suit property) from one Ngaruui. Pursuant to the agreement the appellant paid the respondent Kshs. 71,000/= and in return the respondent was to subdivide the suit property and transfer a portion measuring 0.05 hectares to the appellant.
The terms of the agreement were that the respondent acknowledged receipt of Kshs. 71,000/= from the appellant for jointly purchasing the suit property measuring 0.10 hectares; the respondent would subdivide the suit property and transfer a portion of 0.05 hectares to the appellant; the respondent would attend all Land Control Board processes; the appellant would meet the costs of su…