BONIFACE NJIRU T/A NJIRU BONIFACE & CO. ADVOCATES V. J. M. KIBUCHI T/A KIBUCHI & CO. ADVOCATES

RULING OF THE COURT

This is an application for stay of execution of a judgment and decree of the superior court (Mbaluto,J) delivered on 23rd February, 1999 at Nairobi. The judgment in question was entered pursuant to an application for summary judgment filed by the respondent, J.M. Kibuchi Esq., Advocate, practicing as M/S Kibuchi and Company Advocates, in a suit brought by an originating summons to enforce a professional undertaking given by Boniface Njiru Esq. Advocate practicing as Njiru Boniface and Company Advocates.

The said undertaking was given by Mr. Njiru in his letter of 21st April, 1997 addressed to M/S Kibuchi and Company Advocates. The extent and purport of the undertaking eventually became a bone of contention between the two Advocates and Mr. Kibuchi brought proceedings against Mr. Njiru, under

Order 52 of the Civil Procedure Rules. Order 52 of the Civil Procedure Rules caters (inter alia) for speedy relief to enforce an advocate's undertaking and rule 10 thereof provide…