JUDGMENT OF THE COURT
This is a an appeal against the judgment of Makau, J. delivered on 13th June, 2016.
A brief background of this appeal is that by a plaint dated 5th June, 2018 Krishna Kumar Shivlal Lakhani, the respondent herein filed suit against Julius Munyuri Muturia and Cypriano Kubai, the then 1st and 2nd defendants and now the 1st and 2nd appellants respectively.
In the plaint, the respondent averred that by a written sale agreement dated 28th June, 2007 the appellants agreed to sell Plot. No. Block 11/ 36 Meru Town B (hereinafter suit land), at a consideration of Ksh.8 million. The purchase price was to be paid directly to Consolidated Bank of Kenya Ltd-Maua Branch (the bank) to offset a loan owed by the appellants. The respondent contended that in part performance of the sale agreement, he paid a sum of Ksh.2,500,000/-; that thereafter the appellants reneged on the agreement and that it was a specific term of the agreement that whoever was to breach the agreement would pay a…