PETER KIMANI KAIRU T/A KIMANI KAIRU & COMPANY ADVOCATES V. ANNA MARIE CASSIEDE & BRUNO CASSIEDE

RULING OF THE COURT

PETER KIMANI KAIRU, the applicant, is an advocate of the High Court of Kenya practising under the firm name of Messrs. Kimani Kairu and Company Advocates. By his motion brought under rule 5 (2) of the Court of Appeal Rules he moves the Court for an order of stay of execution of the ruling and order of the superior court, Kimaru J, made on 4^th June 2008 pending the hearing and determination of Civil Appeals numbers 175 and 176 of 2008. By that ruling the learned Judge allowed the respondents’ application for summary judgment and entered judgment against the applicant for the sum of shs.2,500,000/= and Euros 286,000 together with costs and interest.

It is common ground that sometime in January 2006 the respondents instructed the applicant to act for them in the purchase of a property known as L.R.No. 3734/348, Othaya Road, Nairobi, which is a developed residential property. The purchase price for the said property was shs.25,000,000/= which the respondents paid in the …