LYDIA WANJIKU WANYEE SUING AS THE ADMINISTRATOR OF THE ESTATE OF THE LATE GEORGE WANYEE
V.
GEORGE NYANJA

JUDGMENT OF THE COURT

The deceased, George Wanyee (hereinafter called “the vendor”) entered into an agreement of sale (hereinafter “the agreement”) with George B. Nyanja, the respondent (hereinafter “the purchaser”) whereby the former sold to the latter L.R. No. 7583/23 Muitu Drive, Karen (hereinafter “the suit property”) at the purchase price of Kshs.4,850,000/= on 9^th February, 1990. The purchaser then deposited Kshs.500,000/= in terms of the agreement.

It was a term of the agreement that the purchaser would pay Kshs.2,000,000/= to Southern Credit Finance Limited on or before 25^th February, 1990 and the balance was to be paid on completion which was stated to be 30^th May, 1990. The purchaser however paid the Kshs.2,000,000/= between 12^th February, 1990 and 8^th August, 1990 leaving the balance sum of Kshs.2,850,000/= unpaid.

Notwithstanding the failure of the purchaser to pay the said balance of purchase price, the vendor, on 5^th February, 1991 transferred the suit property to the purch…