[1997] KECA 360 (KLR)
The Court of Appeal found that there was clear and irrefutable documentary evidence showing the appellant received money from the respondent, issued receipts, and was obligated to pass the money to his client, to whom the respondent was indebted. The appellant's claims of forgery and fraud were dismissed as baseless...
Source-derived case information.
- Citation
- [1997] KECA 360 (KLR)
- Parties
- Appellant: Nyaga Muvena P/A Nyaga Muvena & Company Advocates; Respondent: Kametu Kilonzi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 168 of 1995
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- RO Kwach
- Legal Topics
- Money Received, Advocate Client Relationship, Documentary Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyaga Muvena P/A Nyaga Muvena & Company Advocates
Appellant
Kametu Kilonzi
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant received money from the respondent and failed to pass it on to the intended party.
- 2 Whether the appellant's allegations of forgery and fraud have any evidentiary basis.
- 3 Whether the High Court's failure to give reasons for its decision prejudiced the appellant.
Ratio Decidendi
The Court of Appeal found that there was clear and irrefutable documentary evidence showing the appellant received money from the respondent, issued receipts, and was obligated to pass the money to his client, to whom the respondent was indebted. The appellant's claims of forgery and fraud were dismissed as baseless due to lack of evidence implicating the respondent. Although the High Court judge did not provide reasons for the decision, the appellate court held that this omission did not prejudice the appellant given the clarity of the evidence and the lack of any substantive defence. The conduct of the appellant, a practising advocate, was found to be unprofessional and was expressly...
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, OMOLO, JJ.A. & BOSIRE, AG.J.A.) CIVIL APPEAL NO. 168 OF 1995
BETWEEN
NYAGA MUVENA P/A NYAGA MUVENA & COMPANY ADVOCATES ...................APPELLANT AND KAMETU KILONZI ........................................RESPONDENT (Appeal from a ruling of the High Court of Kenya at Machakos (Mr. Justice J.L.A. Osiemo) dated the 21st day of July, 1995 in H.C.C.C. NO. 469 OF 1994) ********************
JUDGMENT OF THE COURT
This appeal has no merit and must be dismissed. There is irrefutable documentary evidence that the appellant received money from the respondent for which he issued receipts. He did not receive the money as the respondent's advocate. He was supposed to pass it on to the party for whom he was acting (his client) to whom the respondent was indebted. The allegations of forgery and fraud now being raised by the appellant are baseless as there is no evidence that the respondent would have been involved in these.
Although the appellant clearly had no defence to the respondent's claim, it was still incumbent upon the learned judge to give reasons for his decision. We do not think that in the particular circumstances of this case that failure has resulted in any prejudice to the appellant. Behaviour suit as this by a practising advocate does not enhance the dignity of the profession and must be deplored. The appeal is dismissed with costs to the respondent.
Dated and delivered at Nairobi this 18th day of March, 1997.
R. O. KWACH
...............
JUDGE OF APPEAL
R. S. C. OMOLO
...............
JUDGE OF APPEAL
S. E. O. BOSIRE
...................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR