[2006] KEHC 2797 (KLR)

[2006] KEHC 2797 (KLR)

The court found that the Defendant, though purchasing the property in his personal capacity, gave a professional undertaking as an advocate in his letter dated 2nd August, 2002 to pay the balance of the purchase price upon confirmation of transfer. The Plaintiff relied on this undertaking and completed the transfer. The court held that the Defendant's commitment was enforceable as a professional undertaking, regardless of the Plaintiff's rejection of the 15-day payment term, since the main obligation was to pay the balance upon transfer. The Defendant's failure to honour the undertaking constituted professional misconduct. The court further held that interest was payable at court rates...

Citation
[2006] KEHC 2797 (KLR)
Parties
Plaintiff: Naphatali Paul Radier; Defendant: David Njogu Gachanja carrying on business as D. Njogu & Company Advocates
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 February 2006
Case Number
Civil Case 582 of 2003
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the Plaintiff.
Judges
DW Mbuteti
Legal Topics
Enforcement of Professional Undertakings, Advocate Liability, Sale of Land Disputes, Interest on Judgments
Source Language
English
Civil Procedure Commercial and Corporate Enforcement of Professional Undertakings Advocate Liability Sale of Land Disputes Interest on Judgments

Case Brief

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Parties

Naphatali Paul Radier

Plaintiff

David Njogu Gachanja carrying on business as D. Njogu & Company Advocates

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether there was a professional undertaking by the Defendant capable of being enforced.
  2. 2 Whether the Defendant should honour the professional undertaking.
  3. 3 Whether interest should be payable upon the sum of the undertaking.

Ratio Decidendi

The court found that the Defendant, though purchasing the property in his personal capacity, gave a professional undertaking as an advocate in his letter dated 2nd August, 2002 to pay the balance of the purchase price upon confirmation of transfer. The Plaintiff relied on this undertaking and completed the transfer. The court held that the Defendant's commitment was enforceable as a professional undertaking, regardless of the Plaintiff's rejection of the 15-day payment term, since the main obligation was to pay the balance upon transfer. The Defendant's failure to honour the undertaking constituted professional misconduct. The court further held that interest was payable at court rates...

Court Disposition

Judgment for the Plaintiff.

Orders

  • The Defendant shall within thirty (30) days of delivery of this judgment honour his professional undertaking contained in his letter dated 2nd August, 2002 by paying to the Plaintiff the balance of the purchase price, being KShs.13,050,000, together with interest thereon at court rates from the date of filing of...
  • This case shall be mentioned on a specified date in March 2006 for further orders as may be necessary.