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Waruhiu K'owade & Ng'ang'a Advocates v. Mutune Investment Limited

(2016) JELR 94930 (CA)

Court of Appeal  •  Civil Appeal 156 of 2009  •  29 Jan 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

This is an appeal from the order of the High Court requiring the appellant to honour a professional undertaking given to the respondent’s advocate and refund the sum of Kshs 2,000,000.00 within 60 days of 25th April 2008.

On 16th November 2001, the respondent entered into an agreement to purchase the property known as LR Nyeri Municipality Block 111/20 which was registered in the name of Isaac Samson Githuthu. The firm of Sichangi and Company Advocates was acting for both the parties to the transaction. However, the vendor had charged the property to Trust Finance Bank Limited, and in order for the proposed transaction to proceed, it was necessary to first procure a discharge of charge, as well as the title document to the property. The bank’s advocates M/s Okoth and Kiplagat

Advocates sought an appropriate undertaking from the appellant as a prerequisite to the release of the title documents. In order to facilitate the release of the documents, the respondent instr…

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