[2003] KEHC 664 (KLR)

[2003] KEHC 664 (KLR)

The court found that the defendant, as an advocate, was bound by his professional undertaking to pay the decretal sum of Kshs. 76,078 to the plaintiff. The court was satisfied from the material presented that the sum remained outstanding as of January 5, 2001, and that the defendant had not discharged his...

Source-derived case information.

Citation
[2003] KEHC 664 (KLR)
Parties
Plaintiff: Trade Insurance Brokers Ltd.; Defendant: Ben Njau Kayai t/a Njau Kayai & Co. Advocates
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
? 4 of 2001
Procedural Posture
Civil Suit / Ruling on Originating Summons
Outcome
Plaintiff's claim allowed; defendant ordered to pay outstanding sum with interest.
Legal Topics
Advocate Undertakings, Debt Recovery
Source Language
en
Commercial and Corporate Advocate Undertakings Debt Recovery

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Parties

Trade Insurance Brokers Ltd.

Plaintiff

Ben Njau Kayai t/a Njau Kayai & Co. Advocates

Defendant

Procedural Posture

Civil Suit / Ruling on Originating Summons

Legal Issues

  1. 1 Whether the defendant is bound to honour his professional undertaking to pay the outstanding decretal sum to the plaintiff.
  2. 2 Whether the plaintiff is entitled to enforcement of the undertaking for the sum claimed plus interest.

Ratio Decidendi

The court found that the defendant, as an advocate, was bound by his professional undertaking to pay the decretal sum of Kshs. 76,078 to the plaintiff. The court was satisfied from the material presented that the sum remained outstanding as of January 5, 2001, and that the defendant had not discharged his obligation. The court therefore ordered the defendant to honour the undertaking within 21 days, failing which enforcement would issue without further orders. The decision rests on the enforceability of advocate undertakings and the absence of any valid defence or material from the defendant to the contrary.

Court Disposition

Plaintiff's claim allowed; defendant ordered to pay outstanding sum with interest.

Orders

  • The defendant advocate shall pay the plaintiff the sum of Kshs. 76,078 as of January 5, 2001, together with further interest accruing until full payment.
  • The defendant shall honour the undertaking within 21 days from the date of the ruling.