JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Rimita, J.) delivered on 7th June, 2000 in which the learned judge gave judgment in favour of the respondent herein, Edward Kamau Ng’ang’a (who was the plaintiff in the superior court). The facts of the case appear fairly simple and straightforward. The respondent entered into a land sale agreement with one, Rahab Waithera Kahia , on 9th December, 1986, in which it was agreed that Mrs. Kahia would sell to the respondent 100 acres out of Land Reference No . OL KALAU 3777/25 at a consideration of Shs.1,100,000/=.
The respondent made a down payment of Shs.600,000/= and thereafter paid the balance by instalments. According to the respondent, the balance of the purchase price was paid by way of instalments leaving a balance of only Shs.4,000/=. That is why in the final judgment in the superior court the respondent obtained judgment in the sum of Shs.1,096,000/=. It was however the appellant’s contention that the…