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…Of this amount a sum of Sh.700,000/= was paid upon the execution of the agreement and the balance was payable in two instalments of Sh.200,000/= and Sh.100,000/= on dates therein stated. The first instalment was paid.…

…Upon failure to pay the final instalment of Sh.100,000/= the Appellant filed CMCC Number 817 of 2006 claiming that sum or in the alternative the return of the vehicle in which case the Appellant was to refund the sum of Sh…