JUDGMENT
Background
This is a second appeal. Pius Francis Omweri Nyaberi (the appellant) initially filed suit against the respondent in the Chief Magistrate’s Court in Eldoret being CMCC No. 85 of 2009. The appellant’s case in that suit was that by a sale agreement dated 29th May, 2006, the respondent sold to the appellant two (2) properties known as L. R. Nos. 9930/8 and 9930/10 (the suit properties) comprising a total of 44 acres at Kshs. 95,000.00 per acre, the total purchase price being Kshs. 4,180,000.00. The appellant pleaded that Shadrack K. Kiptugen (the respondent) breached the terms and conditions of the sale agreement by transferring the suit properties to Lavington Security Guards Ltd and to one Charles Chemase Cherono respectively, who were strangers to the sale agreement, before the expiry of the 6-month period stipulated for payment of the balance of the purchase price. The appellant sought a refund of the initial down payment of Kshs. 665,000.00, interest thereon at 30%,…