Angela Mulwa t/a Mulwa & Partners Advocates v Mokoosio (Civil Application E733 of 2024) [2025] KECA 583 (KLR) (28 March 2025) (Ruling)

Facts

The applicant, Angela Mulwa, gave professional undertakings to the respondent Martin Mokoosio, who owned land. The undertakings were related to a joint venture between the respondent and HIMS Homes Limited (HHL). The dispute arose when the respondent prevented the joint venture from being fully implemented.

Issues

1. Whether the professional undertakings given by the applicant are enforceable due to the Joint Venture Agreement (JVA) between the respondent and HHL
2. The duty of an advocate in balancing obligations while representing both parties under a JVA
3. The liability and duty of an advocate issuing a professional undertaking to one party in a JVA while also issuing one to the other party
4. The public interest in determining whether an advocate's professional undertaking remains enforceable under certain circumstances
5. The effect of breached contractual terms on a professional undertaking and whether such an obligation remains enforceable
6. Whether an advocate's fees can be set off against a purported professional undertaking where the advocate-client relationship has been terminated
7. The responsibility of an advocate where monies were not retained but forwarded to a third party pursuant to obligations under a JVA

Reasoning

The High Court judge found the professional undertakings to be unambiguous and unrelated to the Joint Venture Agreement, thus not enforceable.

Outcome

The High Court's decision was upheld.