JUDGMENT OF THE COURT
This appeal is against the dismissal by Maraga, J (as he then was, now Chief Justice) of the appellant’s suit filed in the High Court at Nakuru seeking from the respondent some Kshs. 1,110,000 being the balance of the purchase price for parcel number L.R. 13287/13 and a further Kshs. 1,185,000 being 10% penalty for breach of contract. He sought in the alternative a cancellation of the certificate of title to the suit property issued to the respondent, plus costs and interest.
The basis for that claim, as pleaded in the plaint, was that on or about 21st June 2016 the appellant, who was the registered owner of the suit property entered into an agreement for the sale of the same to the respondent at the price of Kshs. 11,850,000. The respondent paid some Kshs. 10,400,000 leaving a balance of Kshs. 1,450,000. The appellant demanded this sum but the respondent paid only Kshs. 340,000 leaving the balance sued for. The appellant averred that contrary to the stipulation in…