[2001] KEHC 583 (KLR)
The court found that the defendant, as the plaintiff's advocate, received KES 309,756 on behalf of the plaintiff pursuant to a court order and failed to remit the funds. The defendant's purported defence was not supported by evidence and was deemed a sham intended to delay payment. The plaintiff's evidence was...
Source-derived case information.
- Citation
- [2001] KEHC 583 (KLR)
- Parties
- Plaintiff: Hassan Juma Ole Ngaisari; Defendant: Patrick Njenga Muchiru t/a Njenga Muchiru & Co. Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 219 of ??
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Advocate Client Funds, Recovery of Debts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Juma Ole Ngaisari
Plaintiff
Patrick Njenga Muchiru t/a Njenga Muchiru & Co. Advocates
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant, as advocate, is indebted to the plaintiff for the sum of KES 309,756 received on the plaintiff's behalf.
- 2 Whether the defence raised by the defendant constitutes a valid challenge to the plaintiff's claim.
Ratio Decidendi
The court found that the defendant, as the plaintiff's advocate, received KES 309,756 on behalf of the plaintiff pursuant to a court order and failed to remit the funds. The defendant's purported defence was not supported by evidence and was deemed a sham intended to delay payment. The plaintiff's evidence was unchallenged and established the defendant's indebtedness. Accordingly, judgment was entered for the plaintiff for the claimed sum, with interest from the date the defendant received the money until payment in full, and costs to the plaintiff.
Court Disposition
Judgment for the plaintiff.
Orders
- Judgment entered in favour of the plaintiff against the defendant for KES 309,756.
- Interest at court rates from 5.10.1999 until payment in full.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO. 219 OF 2000
HASSAN JUMA OLE NGAISARI ………………………… PLAINTIFF VERSUS PATRICK NJENGA MUCHIRU T/A NJENGA MUCHIRU & CO. ADVOCATES …..…. DEFENDANT
JUDGMENT
This is a claim for Shs.309,756/= against Mr. Patrick Njenga Muchiru, an advocate of this court, who received the money in his capacity as the plaintiff’s advocate pursuant to an order made in Nairobi C.M.C.C. No. 4206 of 1994. Although a defence has been put forward on behalf of Mr. Muchiru, having regard to the evidence tendered by the plaintiff, which said evidence has not been challenged, the purported defence is a sham calculated only to delay the recovery of the sums due. In my view, the defendant is truly and justly indebted to the plaintiff in the sum claimed. Accordingly, judgment is entered in favour of the plaintiff against the defendant for Shs.309,756/= together with interest thereon at court rates from the date the defendant received the money which is 5. 10. 1999 until payment in full. The defendant will bear the plaintiff’s costs of this suit.
Dated at Nairobi this 24th day of May, 2001.
T. MBALUTO JUDGE