[1982] KEHC 39 (KLR)

[1982] KEHC 39 (KLR)

The court found that the claim for Kshs 44,543 relating to plot 209/7888 raised triable issues, particularly regarding whether the defendant had agreed in writing to assume liability for the previous owner's debt, and whether Section 3(1) of the Law of Contract Act applied. As such, the defendant was granted unconditional leave to defend this part of the claim. In contrast, for the Kshs 1,500 claim concerning plot 7158/55, Shanzu Road, the court was satisfied on the balance of probabilities that the defendant had instructed the plaintiffs to render the services, as evidenced by correspondence and the defendant's undisputed ownership of the property. The defendant's denial was not...

Citation
[1982] KEHC 39 (KLR)
Parties
Plaintiff: Vamos & Partners; Defendant: Gitonga
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
1 July 1982
Case Number
Civil Case 1218 of 1977
Procedural Posture
Civil Case / Summary Judgment Application
Outcome
Partly allowed; summary judgment for part of the claim, leave to defend for the remainder.
Judges
AM Cockar
Legal Topics
Summary Judgment, Professional Fees, Contract Enforcement
Source Language
English
Civil Procedure Commercial and Corporate Summary Judgment Professional Fees Contract Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Vamos & Partners

Plaintiff

Gitonga

Defendant

Procedural Posture

Civil Case / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant is liable to pay the plaintiffs' professional fees for services rendered in respect of plot 209/7888, Nairobi.
  2. 2 Whether the defendant instructed the plaintiffs to render services for plot 7158/55, Shanzu Road, and is liable for the claimed fees.
  3. 3 Whether Section 3(1) of the Law of Contract Act, Cap 23, applies to the claim for services rendered on plot 209/7888.

Ratio Decidendi

The court found that the claim for Kshs 44,543 relating to plot 209/7888 raised triable issues, particularly regarding whether the defendant had agreed in writing to assume liability for the previous owner's debt, and whether Section 3(1) of the Law of Contract Act applied. As such, the defendant was granted unconditional leave to defend this part of the claim. In contrast, for the Kshs 1,500 claim concerning plot 7158/55, Shanzu Road, the court was satisfied on the balance of probabilities that the defendant had instructed the plaintiffs to render the services, as evidenced by correspondence and the defendant's undisputed ownership of the property. The defendant's denial was not...

Court Disposition

Partly allowed; summary judgment for part of the claim, leave to defend for the remainder.

Orders

  • Unconditional leave to defend granted to the defendant regarding the Kshs 44,543 claim for plot 209/7888.
  • Judgment entered for the plaintiffs for Kshs 1,500 in respect of plot 7158/55, Shanzu Road, with costs and interest at 12% per annum from the date of filing until payment in full.