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Mohamed Faki Khatib Practising as Khatib & Company Advocates v. Farid Ahmed Swaleh & Hans Jurgen Zahlten

(2021) JELR 99016 (CA)

Court of Appeal  •  Civil Appeal 93 of 2019  •  29 Jan 2021  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Daniel Kiio Musinga

Judgement

JUDGMENT OF THE COURT

[1] This appeal arises from a dispute involving an advocate,

Mohammed Faki Khatib (appellant), practicing as Khatib and Co. Advocates and his clients, Farid Ahmed Swalleh and Hans Jurgen Zahlten (1st and 2nd respondents respectively). The dispute was referred to the High Court by the respondents through an originating summons in which the respondents sought orders that the appellant do deliver a cash account of monies received for and on their behalf; that a declaration be issued that the appellant is holding monies due to the respondents; and that the appellant be ordered to pay to the respondents Kshs.6,799,000 which was an excess of proceeds from the sale of parcel No. Kilifi/Mtwapa/79 Kilifi (suit property). The appellant was alleged to have received a total sum of Kshs. 15,799,000 in regard to the transaction.

[2] The 2nd respondent had instructed the appellant to sell the suit property by public auction, and the 1st respondent emerged as the highest bidder dur…

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