[2002] KEHC 760 (KLR)
The court found that the plaintiff had established a meritorious case for the orders sought, as the defendants, acting as advocates for the plaintiff in the sale of sub-plots, failed to account for monies received, to pay over such monies, to provide a list of sub-plots and purchasers, and to deliver up completion...
Source-derived case information.
- Citation
- [2002] KEHC 760 (KLR)
- Parties
- Plaintiff: Njeneni Limited; Defendant: Joseph K. Kamere; Defendant: Simon Kamere t/a Kamere & Co. Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1573 of 2001
- Procedural Posture
- Civil Case / Ruling on Originating Summons
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Account of Proceeds, Advocate Client Relationship, Land Sale Disputes, Trust and Fiduciary Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeneni Limited
Plaintiff
Joseph K. Kamere
Defendant
Simon Kamere t/a Kamere & Co. Advocates
Defendant
Procedural Posture
Civil Case / Ruling on Originating Summons
Legal Issues
- 1 Whether the defendants are obliged to provide a full account of monies received from purchasers of sub-plots on behalf of the plaintiff.
- 2 Whether the defendants must pay or deliver up monies received on behalf of the plaintiff together with accrued interest.
- 3 Whether the defendants are required to deliver a list of sub-plots sold, purchasers, amounts paid, and outstanding balances.
Ratio Decidendi
The court found that the plaintiff had established a meritorious case for the orders sought, as the defendants, acting as advocates for the plaintiff in the sale of sub-plots, failed to account for monies received, to pay over such monies, to provide a list of sub-plots and purchasers, and to deliver up completion documents, despite repeated requests. The application was unopposed, and the supporting affidavit and annextures demonstrated persistent non-compliance by the defendants. The court, therefore, allowed the application in terms of paragraphs 1 and 2 of the Originating Summons, ordering the defendants to comply within 21 days.
Court Disposition
application allowed
Orders
- The defendants are ordered to deliver a full account of monies received from purchasers in respect of sales of sub-plots on Land Reference Numbers 8121 and 8069 Nakuru within 21 days.
- The defendants are ordered to pay or deliver up all monies had and received on behalf of the plaintiff from purchasers, together with accrued interest, within 21 days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURTS ]
CIVIL CASE NO. 1573 OF 2001
NJENENI LIMITED………………………………………..PLAINTIFF
VERSUS
JOSEPH K. KAMERE …………………………...1ST DEFENDANT
SIMON KAMERE t/a KAMERE & CO. ADV……2ND DEFENDANT
R U L I N G
This suit was commenced by way of Originating Summons under Order 52 Rule 49(i)(a)(b) (c) and (d) of the Civil Procedure Rules claims;-
(a) the delivery by the Respondent/Defendants of a full account of the monies received by the Respondent/Defendants from several purchasers in respect of sales of the resultant subdivisions of Land Reference Number 8121 and 8069 Nakuru belonging to the Applicant/Plaintiff which transaction the Applicant/Plaintiff engaged and/or retained the Respondent/Defendant as its Advocates but the Respondents/Defendants have failed, refused and/or neglected to account for the same despite persistent requests to him/them to do so.
(b) the payment or delivery up of the monies had and received by the Respondents/Defendants on behalf of the applicant/Plaintiff from several purchasers together with the accrued interest in respect of the sale of the said sub-plots on Land Reference Number 8121 and 8069- Nakuru which the respondent/Defendants have failed, refused and/or neglected to ay or deliver despite demands to having them to do so.
(c) the delivery up of a list of the sub-plots on land Reference Numbers 8121 and 8009 – Nakuru in respect of which the Respondents/Defendants have received payments together with a list of purchasers thereof including the amount paid for each sub-plot and the balance (if any) outstanding thereof.
(d) the delivery up of papers and completion documents pertaining to the sale of several sub-plots on Land Reference Numbers 8121 and 8069 – Nakuru which the Respondents/Defendants have been given by and/or received on behalf of the Applicant/Plaintiff with a view of completing and registering the various transfers in respect of the sub-plots in favour of the several purchasers but, he the Respondents/Defendants have failed, refused and/or neglected to release or deliver up the same to the Applicants/Plaintiff’s current Advocates despite repeated requests to him/them to do so.
The application is supported by sworn affidavit of Dr. Arthur Nganga Njuguna Ndoro. Counsel for the applicant/plaintiff relies entirely on the said voluminous affidavit of the applicant which contains 48 paragraphs. I have considered the application, the affidavit in support and the annextures therein and I am satisfied that it is meritorious. The respondent did not appear to oppose the application despite the fact that the date was taken by consent . The application is allowed in terms of paragraph 1 and 2 of the Originating summons dated 12. 10. 2001 and it is ordered that the respondent do comply with this order within 21days of the date of this ruling.
Dated at Nairobi this 25th day of February, 2002.
J.L.A. OSIEMO
JUDGE