[2007] KEHC 1893 (KLR)
The court found that the respondent, having been duly served and failing to oppose the application, was in breach of his professional undertaking as an advocate. The court held that such undertakings are binding and enforceable, and the respondent must pay the outstanding balance of KShs.480,839 with interest at...
Source-derived case information.
- Citation
- [2007] KEHC 1893 (KLR)
- Parties
- Applicant: Nelson Kaburu Felix t/a Nelson Kaburu Advocates; Respondent: Nahashon M. Mwiti t/a Mwiti & Co. Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 410 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Originating Summons
- Outcome
- application allowed
- Judges
- JM Khamoni
- Legal Topics
- Professional Undertakings, Advocate Liability, Enforcement of Undertakings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Kaburu Felix t/a Nelson Kaburu Advocates
Applicant
Nahashon M. Mwiti t/a Mwiti & Co. Advocates
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Originating Summons
Legal Issues
- 1 Whether the respondent is in breach of a professional undertaking as an advocate.
- 2 Whether the respondent should be compelled to honour the professional undertaking by payment of the outstanding sum.
Ratio Decidendi
The court found that the respondent, having been duly served and failing to oppose the application, was in breach of his professional undertaking as an advocate. The court held that such undertakings are binding and enforceable, and the respondent must pay the outstanding balance of KShs.480,839 with interest at court rates from the date of dishonour, as well as any bank charges on dishonoured cheques and the costs of the application. The court further ordered that payment be made within 60 days, failing which execution would issue.
Court Disposition
application allowed
Orders
- The respondent shall pay the applicant KShs.480,839 with interest at court rates from the date of dishonour of the undertaking.
- Payment to be made within 60 days from the date of the ruling.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
CIVIL CASE 410 OF 2006
NELSON KABURU FELIX t/a NELSON KABURU ADVOCATES ………..…… APPLICANT
versus
NAHASHON M. MWITIt/a MWITI & CO. ADVOCATES ……....................…… RESPONDENT
RULING
The Originating Summons dated 6th July 2006 was prosecuted ex-parte before me by the Applicants, represented by Nelson Kaburu, Advocate, the Respondent who had been dully served having failed to oppose the application, and upon my having carefully considered what was brought to my attention during the hearing of the said Originating Summons, including the prayer that the Respondent be compelled to honour within a specific period, his professional undertaking, I do find that the Respondent is in breach of his professional undertaking and should now honour it by paying the balance of KShs.480,839/= which he is hereby ordered to pay with interest at court rates from the date of dishonour of the undertaking.
Payment be made within 60 days from the date of this ruling. The Respondent will also pay bank charges, if any, on dishonoured cheques within the said 60 days plus costs of this Originating Summons. In default of the aforesaid payments, or any of them, execution to issue.
Dated this 22nd Day of October 2007.
J. M. KHAMONI
JUDGE