JUDGMENT OF THE COURT
By an agreement in writing made on 28th August, 1995 the appellant (hereinafter referred to as the "vendor") agreed to sell and the first respondent, Kinluc Holdings Limited (hereinafter referred to as "the purchaser") agreed to purchase the appellant's leasehold interest in a property known as L.R. NO. 12494/10, Karen. This property has an area of some of 2.037 hectares and the agreed price was Kshs.6,000,000. The written agreement was drawn by the second respondent (hereinafter referred to as "the advocate or the advocCaltaeuss ea s5 aopfp rtohper isaatied" )a.greement reads as follows:-
"The balance of the purchase price being shillings five millions, four hundred thousand (KShs.5,400,000) shall be paid by the purchaser to the advocates as stakeholders within 30 days from the date of signing of this agreement who shall release the same to the vendor on successful completion of the transfer in favour of the purchaser"
It is not in dispute that 10% of the agreed p…