PTALLA RUTAKI V. MICHAEL DEE ROBINSON,MICHELLE ALICE ROBINSON,STEPHEN MAIRORI & ROSELYNE TETEE

JUDGMENT OF THE COURT

This is an appeal from the ruling and orders of the High Court (J. R. Karanja, J.) given on 5^th April 2012 ordering the appellant to render an account of Kshs. 7,788,850.00 and to pay any sums found due to the respondents upon taking the account.

The background to the appeal is that the 1^st and 2^nd respondents filed a suit in the High Court at Kitale seeking orders to compel the appellant to render accounts for moneys allegedly withdrawn by him from the bank account of “Fruited Plains” held at the Kitale Branch of the Cooperative Bank of Kenya Ltd; an order for the appellant to pay to the 1^st and 2^nd respondents what is found due on taking the account;and an order to compel the appellant to return furniture allegedly taken by him from the 1^st and 2^nd respondents’ house or payment of the value thereof of Kshs. 212,500.00.

In their plaint, the 1^st and 2^nd respondents pleaded that they are American citizens undertaking missionary work in Kitale; for that purpose they o…