[2012] KEHC 3073 (KLR)

[2012] KEHC 3073 (KLR)

The court found that the defendants, particularly the 1st defendant, were entrusted with completion documents for the purpose of registering a property transfer in favour of the plaintiffs' client. Despite being aware of the caution on the title, the 1st defendant agreed to assist but failed to register the documents or return them to the plaintiffs, keeping them uninformed for several months. The court held that the defendants' conduct amounted to a breach of trust, as they failed to act in accordance with the terms under which the documents were released. The subsequent return of the purchase price and the handling of the documents, including their release to the vendor's advocates, did...

Citation
[2012] KEHC 3073 (KLR)
Parties
Plaintiff: Gitonga Kamiti; Plaintiff: Brown M. Kairaria; Defendant: Rose M. Simba; Defendant: John P.N. Simba
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
12 July 2012
Case Number
Civil Case 12 of 2006
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiffs against the defendants jointly and severally.
Judges
C.N Mutava
Legal Topics
Conveyancing, Breach of Trust, Advocate Liability, Damages Assessment
Source Language
English
Commercial and Corporate Land and Property Conveyancing Breach of Trust Advocate Liability Damages Assessment

Case Brief

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Parties

Gitonga Kamiti

Plaintiff

Brown M. Kairaria

Plaintiff

Rose M. Simba

Defendant

John P.N. Simba

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the defendants breached a trust by failing to register or return completion documents entrusted to them by the plaintiffs.
  2. 2 Whether the plaintiffs are entitled to damages for breach of trust and loss suffered as a result of the defendants' conduct.
  3. 3 Whether the plaintiffs are entitled to the return of the purchase price and/or completion documents.

Ratio Decidendi

The court found that the defendants, particularly the 1st defendant, were entrusted with completion documents for the purpose of registering a property transfer in favour of the plaintiffs' client. Despite being aware of the caution on the title, the 1st defendant agreed to assist but failed to register the documents or return them to the plaintiffs, keeping them uninformed for several months. The court held that the defendants' conduct amounted to a breach of trust, as they failed to act in accordance with the terms under which the documents were released. The subsequent return of the purchase price and the handling of the documents, including their release to the vendor's advocates, did...

Court Disposition

Judgment for the plaintiffs against the defendants jointly and severally.

Orders

  • The sum of Kshs. 2,600,000 together with accrued interest from 2006 to date of payment to be released to the plaintiffs.
  • General damages of Kshs. 2,000,000 awarded to the plaintiffs with interest from the date of judgment until payment in full.