JUDGMENT OF THE COURT
1. This is an appeal from the judgment and decree of the Environment and Land Court at Nairobi (K. Bor, J.), delivered on 30th August 2018 in ELC Suit No. 505 of 2017 (formerly HCCC No.168 of 2006).
2. The background to this appeal relates to a sale transaction in respect of a property known as L.R. No. 17864/9 situate in Karen, Nairobi, (hereinafter referred to as “the suit property”), which is owned by the appellant. The respondent contended in its suit before the trial court that the appellant agreed to sell the suit property to it through its director, one Mercy Kanyara, (hereafter ‘‘Mercy’’) at an agreed consideration of Kshs.1,600,000. As at the time of execution of the agreement for sale dated 20th June 2005, the respondent had already paid to the appellant part of the purchase price amounting to Kshs.1,479,000, leaving a balance of Kshs.121,000 which was to be paid within 6 months from 1st June 2005, or upon the successful registration of the transfer in fa…