JOEL KYATHA MBALUKA T/A MBALUKA & ASSOCIATES ADVOCATES V. DANIEL OCHIENG OGOLA T/A OGOLA OKELLO & CO ADVOCATES

JUDGMENT OF THE COURT

[1] The following appeal arises from the ruling of the High Court, (R. Ngetich, J.) delivered on 10th July, 2017 where the High Court declined to grant the appellant’s application to have the suit transferred to the Environment and Land Court (ELC) and for the learned Judge to disqualify herself from deciding on the matter.

[2] A recount of the facts leading to the above is as herein. The appellant and respondent are both advocates of the High Court trading as Mbaluka and Associates Advocates and Ogola Okello and Co. Advocates respectively. On the 7th March, 2016, the respondent was retained by his client, Jenipher Nkuene Riria to act for her in the purchase of the property known as Title Number Ngong/Ngong/47331(hereinafter referred to as the property) which she was purchasing from one Denise Kemunto Nkatha for the sum of Kshs. 6,831,923.40. The appellant was acting for National Bank of Kenya Limited who had charged the property to Denise Kemunto. On the strength …