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Susan Munyi v. Keshar Shiani

(2013) JELR 96638 (CA)

Court of Appeal  •  Civil Appeal 38 of 2002  •  5 Jul 2013  •  Kenya

Coram
Paul Kihara Kariuki, William Ouko, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant SUSAN MUNYI and the respondent KESHAR SHIANI are, at any rate were, at all times material hereto, advocates of the High Court of Kenya. They were also very close friends at personal, professional and, apparently, family levels. So close were they that they assisted each other in the various areas of legal practice where one was more conversant than the other and even referred clients for legal services in their respective law firms in the City of Nairobi. Moreover, they would also have all manner of financial dealings in which they advanced each other loans now and then.

That close and cordial relationship between the parties was tested, tried and torn, however, over a payment by the respondent to the appellant, of the sum of Kshs. 1 million on 17th October 1996 which is at the centre of the litigation between the two who did not agree on the true meaning, character and antecedents of the said payment.

To the respondent, the payment made vide a Bankers…

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