GEORGE NJENGA KAGAI V. SAMUEL KABI NJOROGE & PIUS TEMBO MANGOLI & PETER NUTHU MWANGI TRUSTEES OF THE KENYA ASSEMBLIES OF GOD, NAIROBI

JUDGMENT OF ASIKE-MAKHANDIA, JA

The appellant, George Njenga Kagai sued the 1^st respondent, Samuel Kabi Njoroge for breach of contract by way of an amended plaint dated 22^nd November, 2012. He alleged that he entered into a sale agreement with the 1^st respondent on 26^th and 27^th, July 2003 respectively for the purchase of all that piece or parcel of land known as Dagoretti/Riruta/4170 (hereinafter, the “suit land”) measuring 0.25 acres at a consideration of Kshs. 2,100,000/=. A down payment of Kshs. 100, 000/= was agreed upon and paid. The balance of the purchase price was to be paid in instalments. It was further agreed that the 1^st respondent was to sign the transfer form in favour of the appellant on receipt of the down payment and also pay all outstanding bills with regard to water, electricity, land rent and rates. As at 30^th January, 2004, the appellant had paid the 1^st respondent a sum of Kshs.430, 000/= as part payment of the purchase price. In turn the appellant and 1^st respon…