JUDGMENT
This is a first appeal against the judgment of A. Emukule, J. delivered on 7th November, 2014 in Nakuru HCCC No. 90 of 2009.
The background to the appeal is that Veronicah Wanjiru (the respondent) filed Nakuru HCCC Case No. 90 of 2009 vide a plaint dated 25th March, 2009 against Samuel Ikumbu (the appellant), subsequently amended on 6th October, 2010 to join Heiwa Auto Spares and Distributors Limited (Heiwa Auto Spares) and Barclays Bank of Kenya Ltd (the bank) as 2nd and 3rd defendants respectively.
In it, the respondent averred, inter alia, that vide a tenancy agreement with the appellant effective June, 2005 to June, 2010 she rented Nakuru Municipality Block 4/54 (the suit property) at a monthly rent of Kshs.35,000.00, which subsequently translated into an agreement of sale dated 5th October, 2007. In it, the appellant agreed to sell and the respondent to buy the suit property at an agreed purchase price of Kshs. 18,000,000.00. The respondent paid the appellant Kshs. 3,000,00…