ALFRED M.O. MICHIRA V. M/S GESIMA POWER MILLS LTD

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the superior court (Mbaluto J) by which the superior court dismissed the appellant’s claim for damages for breach of contract for the sale of land with no order as to costs.

By an agreement for sale dated 21st August, 1996 the respondent in this appeal agreed to sell land reference No. 209/4194/16 situated in the City of Nairobi to the appellant at a price of Shs.10,000,000/=. The relevant clauses of the agreement are set out below in extenso:

“3. THAT the agreed purchase price shall be paid to the vendor as follows:

(i) Kshs.1,000,000/= (ONE MILLION S HILLINGS ONLY) being (10%) percent of the purchase price shall be paid by the purchaser upon the vendor executing this agreement by cheque No. 196780 KCB Kisii dated 21st August, 1996.

(ii) Part of the balance of the purchase price namely Kshs.2,000,000/= (REA D KSHS. TWO MILLION SHILLINGS ONLY) shall be paid to the vendor within seven (7) days of the vendor delivering t…