JUDGMENT OF THE COURT
1. The appellant is the Executrix of the estate of her late husband, Samuel Ndung’u Kungu, (“deceased”). The deceased’s will provided, inter alia, that all the properties of the deceased were to be held in trust by the appellant, for the benefit of herself (one fourth thereof), and that of the deceased’s two sons, who were to share equally the other three fourths of the net estate.
2. On 26th May 2011, the respondent and the appellant entered into a sale agreement for sale of L.R. No. 7741/442 (“the suit property”) a sub-division of L.R. 7741/163 measuring 2.05 hectares; which forms part of the deceased’s estate. The consideration was Kshs.20,000,000/ and the appellant was paid a deposit of Kshs.2,000,000/. The balance of Kshs.18,000,000/ was to be paid upon transfer of the suit property. The appellant did not complete the sale transaction within the agreed contractual period or at all. Consequently, on 4th June 2012, the 1st respondent’s advocate issued a complet…