NELSON MUTAI T/A KANDIE MUTAI & CO. ADVOCATES V. BENSON MBUVI KATHENGE

JUDGMENT OF THE COURT

The appellant, a firm of advocates, acted for the vendor in a sale of land transaction in which Benson Mbuvi Kathenge (the respondent) agreed to buy LR No. 209/8275/20 (the suit premises) from the vendor, George Kiprotich Mackenzie. According to the agreement, the purchase price was Kshs. 6.5 million whereby, Kshs. 3.25 million would be paid as deposit upon execution of the agreement and the balance to be settled within 7 days of the date of registration of the transfer in favour of the purchaser. The deposit of Kshs. 3.25 million was duly paid to the appellant upon execution as agreed.

Unfortunately, the certificate of title to the suit premises that the vendor had intended to transfer to the respondent was canceled by the Registrar of Titles before the transfer. That action by itself frustrated the contract rendering it null and void on account of lack of capacity by the vendor to sell the suit premises. Naturally, the respondent sought to obtain a refund of the …