MOHAMMED SALIM BALALA & ABED OMAR ABED T/A BALALA & ABED ADVOCATES V. TOR ALLAN SAFARIS LIMITED

JUDGMENT OF THE COURT

Mohammed Salim Balala and Abed Omar Abed are partners in a law firm known as Messrs Balala and Abed Advocates (the Appellants). As such advocates, they were retained to act for one, Omar Mshamu Ismaili (the vendor) in an intended conveyance between vendor and Tor Allan Safaris Limited (the Respondent). A sale agreement dated 20^th August, 2010 was subsequently executed; wherein the vendor agreed to sell to the respondent all that piece or parcel of land described as Ngomeni/squatter sett. Scheme/139 together with the developments thereon (the suit property) at a consideration of Kshs30,492,000/-. It was a term of the agreement that prior to the execution of the agreement, 10% of the purchase price would be paid to the Appellants who would hold the same as stakeholders under a professional undertaking, pending the completion of the transaction. A sum of Kshs.3,049,200/- being the deposit and further sum of Kshs.200,000/- on account of the purchase price was duly pai…