JUDGMENT OF THE COURT
In an originating summons filed in the superior court on 3rd November, 2000 the plaintiff/respondent sought the following orders from the defendant/appellant:-
(a) The defendant/respondent George Muriaini Muhoro T/A G. M. Muhoro Advocate be ordered to refund Kshs.90,000/= together with interest, paid to him as stakeholder for sale of part marked E2 of L.R. No. Makuyu/Kimorori/1597.
(b) The said Kshs.90,000/= be refunded with interest with effect from 18th February, 2000 till payment in full.(c) Costs of this application be provided for.
The application was supported by an affidavit deponed to by the plaintiff/applicant. The facts of the case were that the applicant/purchaser and Ngimu Farm Limited, the vendor entered into an agreement on 3rd March 2000 wherein the purchaser was to buy 5 acres of land out of L.R. Makuyu/Kimorori/1597. The portion was marked in red and designated as E2 on the sketch plan. The purchase price was agreed at Kshs.900,000/= of which Kshs.9…