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Official Receiver (Suing as the Interim Liquator of Continental Bank of Kenya Ltd (In Liquidation) v. Mugo Mukunya (practising as an Advocate of the High Court of Kenya under the name and style of Mukunya & Company Advocates, Resorts Limited, Caasin Limited & Tom Otieno Osimbo

(2001) JELR 94796 (CA)

Court of Appeal  •  Civil Application Nai. 20 of 2001 (UR.13/2001)  •  2 Mar 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Emmanuel Okello O'Kubasu

Judgement

RULING OF THE COURT

This matter is somewhat convoluted. The Applicant filed a suit against the 1st and 2nd Respondents for the recovery of the balance of the purchase price of the suit land, L.R. No. 1160/585, which the Applicant had sold to the 2nd Respondent and for the loss thereby suffered by the Applicant. This suit also sought damages from the 1st Respondent, an advocate, for the breach of his professional undertaking, to pay the balance of the purchase price of the suit land. Upon obtaining judgment in the suit, the Applicant had by an ex parte notice of motion dated 14th October, 1999, and to which only the 1st and 2nd Respondents were parties, obtained from the honourable Ransley, Commissioner of Assize, inter alia, orders restraining the 2nd Respondent from transferring or mortgaging etc the suit land, the attachment of the suit land in execution of the decree obtained by the Applicant against the 1st and 2nd Respondents, and the payment of the decretal sum by the 1st and 2nd…

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