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Walker Kontos Advocates v. S. Mwirigi M'inoti & Company Advocates

(1997) JELR 95207 (CA)

Court of Appeal  •  Civil Appeal 20 of 1997  •  24 Oct 1997  •  Kenya

Coram
Gurbachan Singh Pall, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

This appeal raises one simple but important issue. Important, as it relates to undertaking given by conveyancing advocates.

The respondents (hereinafter referred to as "the advocates") acting for a client of theirs, one Mr. Samson Mureithi, called for documents of title relating to a parcel of land known as TIMAU SETTLEMENT SCHEME/152. This parcel of land was charged to Stanbic Bank Kenya Limited and Stanbic Finance Kenya Limited (formerly known as Grindlays Bank Limited and Grindlays International Finance Limited) as security for a loan advanced to Mr. Mureithi who had apparently not serviced the loan properly and had agreed to sell the property so as to be able to pay up the loan.

By their letters of 10th May, 1995 the advocates informed the appellants (the plaintiff applicants in the superior court) inter alia as follows:

"Kindly let us have the title documents together with the discharge of charge on our professional undertaking that once the land is registered i…

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