<p class="ql-align-justify">JUDGMENT OF TUNOI, J.A.</p><p class="ql-align-justify">The appellants, Ramgharia Institute of Mombasa, filed a suit-on January 25, 1995, in the superior court against Abubakar Madhbuti, the respondent, claiming, as prayed in the relief in the plaint, specific performance of an Agreement of Sale and damages in lieu thereof.</p><p class="ql-align-justify">The background of this appeal is as follows. By an Agreement of Sale (the agreement) dated September 14, 1992, made in writing between the respondent as the vendor and the appellants as the purchasers for the sale by the respondent to the appellants of a parcel of land known as subdivision No.7673, section 1, Mainland North, Mombasa, for Shs.4,000,000/=. The agreement provided, inter alia, that a sum of Shs.400,000/= would be paid by the appellants to the respondent on execution of the agreement and the balance of the purchase price on or before January 31, 1993. It is common knowledge that the appellants duly paid the deposit and later a further sum of Shs.150,000/=. Thus, the appellant paid in al…</p>