Samson Owino Ger v Marmanet Forest Co-operative & Credit Society Ltd [1988] KECA 92 (KLR)
- Court
- Court of Appeal
- Case number
- 92
- Citation
- [1988] KECA 92 (KLR)
- Decided
- 17 November 1988
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of the High CourtCoramF.K Apaloo, J.R.O Masime, R.O Kwach, Ag. Judge of Appeal
Holding
The advocate was found to be the client's advocate and is under an obligation to account for the monies paid to him.
Facts
Samson Owino Ger, an advocate, was sued by Marmanet Forest Co-operative & Credit Society Ltd for monies paid to him as an advocate for the purchase of land. The advocate filed a chamber summons seeking to strike out the originating summons, claiming the case was time-barred and frivolous.
Issues
- Whether the advocate was acting as a client's advocate
- Whether the advocate was under an obligation to account for the monies paid to him
Reasoning
The court found that the relationship of advocate and client arose between the advocate and the respondent, and the advocate was paid Kshs 1.5 million by the respondent as his client.
Outcome
Appeal dismissed with costs reserved
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Limitation of Actions Act
- Advocates Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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