JUDGMENT
The appellants and the respondents (hereafter referred to as the purchasers and vendors respectively) entered into a written agreement dated October 28, 1977 for the sale to the purchasers by the vendors of their parcel of land reference number 1/414, Nairobi (hereafter referred to as the property) at the agreed price of Kshs 185,000. Condition 5 of the written agreement, which was subject to the Law Society Conditions of Sale, provided for completion on January 31, 1977. Special Conditions 1, 2, 3, 4, 5 and 6 stated:
“ 1.All outgoings and incomings to be apportioned on completion date.
2.Time will be of the essence of the contract.
3.Purchasers to pay mortgage instalments on behalf of the vendors from September 1, 1976.
4.Purchasers to collect the rent.
5.The purchasers to pay rates as from September 1, 1976.
6.Purchaser to redeem the existing mortgage calculated to be Kshs 145,725.45 on November 18, 1976.”
Prior to the written agreement the parties had made an oral agreement on Aug…