[2000] KEHC 199 (KLR)
The court found that the defendants, acting as advocates for the plaintiff, received KES 1.2 million to facilitate a land purchase. After paying the vendor KES 900,000 and deducting agreed legal fees of KES 40,000, a balance of KES 260,000 remained. The plaintiff provided credible documentary evidence supporting her...
Source-derived case information.
- Citation
- [2000] KEHC 199 (KLR)
- Parties
- Plaintiff: Hannah Mumbi Komo; Defendant: Leonard Njogu Njau t/a Kinyanjui & Njau Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1488 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- JK Mulwa
- Legal Topics
- Advocate Client Fees, Trust Account Management, Recovery of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Mumbi Komo
Plaintiff
Leonard Njogu Njau t/a Kinyanjui & Njau Advocates
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant advocates were holding funds on behalf of the plaintiff and failed to remit the balance as instructed.
- 2 Whether the plaintiff is entitled to recover the sum of KES 260,000 from the defendants.
Ratio Decidendi
The court found that the defendants, acting as advocates for the plaintiff, received KES 1.2 million to facilitate a land purchase. After paying the vendor KES 900,000 and deducting agreed legal fees of KES 40,000, a balance of KES 260,000 remained. The plaintiff provided credible documentary evidence supporting her claim, which the court accepted. The defendant did not dispute receipt of the funds or provide any justification for withholding the balance. The court held that the plaintiff had proved her case on a balance of probabilities and was entitled to judgment for the sum claimed, together with costs and interest.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff for KES 260,000.
- The plaintiff shall be paid costs of the suit and interest.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI CIVIL CASE NO. 1488 OF 1998
HANNAH MUMBI KOMO………………………………………..……….PLAINTIFF
-VERSUS-
LEONARD NJOGU NJAU T/A
KINYANJUI & NJAU ADVOCATES…………………………………….DEFENDANTS
JUDGEMENT
The Plaintiff has filed an Originating Summons asking for the balance of money from the Defendants being a sum of shs.260,000/- There is enough evidence that the Defendants were paid the sum of Shs. 1. 2 million by the Plaintiff’s employers to enable her purchase a plot from Mr. Hezron Kuria Kagone. The evidence shows that following the request by the vendor by his letter of 21. 11. 1997 the Defendant was authorised to pay the money to the Plaintiff so that she can pay the vendor since the vendor did not have a bank account. There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-. The Plaintiff in her evidence said that the agreed fees between her and the Advocate was Shs.40,000. She had to borrow more money from her Co-operative Society to finalise the purchase. I have examined all the documents produced by the Plaintiff and find that they do confirm her evidence which I accept. The Defendant does not deny having received the money.
I therefore find that the Plaintiff has proved her case. There will be judgement for the plaintiff for the sum of Shs.260,000. - The Plaintiff shall be paid costs of the suit and interest.
Delivered and dated this 21st day of November, 2000.
KASANGA MULWA
JUDGE