[1997] KECA 87 (KLR)
The Court found that the appellant received money from the respondent, issued receipts, and was obligated to pass the funds to the intended party (his client). The appellant's claim that he did not act as the respondent's advocate was irrelevant to his duty to account for the money. The allegations of forgery and...
Source-derived case information.
- Citation
- [1997] KECA 87 (KLR)
- Parties
- Appellant: Nyaga Muvena p/a Nyaga Muvena & Company Advocates; Respondent: Kametu Kilonzi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 168 of 1995
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Money Received on Behalf of Client, Advocate Liability, Summary Judgment, Fraud Allegations
- 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 in a personal or professional capacity.
- 2 Whether the appellant was liable to pass on the money to his client as intended by the respondent.
- 3 Whether allegations of forgery and fraud by the appellant had any evidentiary basis.
Ratio Decidendi
The Court found that the appellant received money from the respondent, issued receipts, and was obligated to pass the funds to the intended party (his client). The appellant's claim that he did not act as the respondent's advocate was irrelevant to his duty to account for the money. The allegations of forgery and fraud raised by the appellant were unsupported by any evidence. The Court held that the appellant had no defence to the respondent's claim and dismissed the appeal, finding no prejudice to the appellant from the High Court's failure to give detailed reasons for its decision.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU
Civil Appeal 168 of 1995
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