DG WACHIRA T/A DG WACHIRA & COMPANY ADVOCATES V. JAMES MUCHENE NGEI

JUDGMENT OF THE COURT

From what we can see from the records of appeal the relationship between the appellant, D.G. Wachira trading as D.G. Wachira and Company Advocates and the respondent, James Muchenge Ngei, was for a long time a cordial one. This is borne out by various documents that are in the records.

At the request of the appellant the respondent did many things on behalf of the appellant including allowing the appellant to occupy the respondent’s residential house in Athi River at no fee or rent; the respondent paying school fees for the appellant’s children whose names he knew and names them in various affidavits; paying house rent for the appellant and doing various other things that are relevant to the appeals and to which we shall revert.

For reasons that are not very clear from the records, that relationship later turned bitter and sour. There is on record correspondence exchanged by the parties which is not good and where very callous language is used; the kind of correspon…