JUDGMENT OF THE COURT
KARSAM LALJI PATEL , the appellant, took out an Originating Summons in the superior court under Order L11 rules 7 and 10(2) of the Civil Procedure Rules (the Rules) to enforce a professional undertaking given to his Advocates by Mr Peter Kimani Kairu , an Advocate of the High Court of Kenya practising as Kimani Kairu and Company Advocates, in a letter dated 26th August, 1998. The appellant was represented by the firm of Rayani Rach and Sevany Advocates.
By an agreement for sale dated 9th April, 1998 made between Gateway Insurance Company Limited (the Vendor) and Karsam Lalji Patel (the Purchaser) the Vendor agreed to sell to the Purchaser the property known as Plot L.R. No.330/1077 Nairobi (the suit land) for Shs. 6,250,000/-. The sale was with vacant possession and completion date was 31st May, 1998. A deposit of Shs 625,000/-, being 10% of the purchase price, was paid by the Purchaser to the Vendor’s Advocates, Kimani Kairu and Company Advocates (the Advocates).