Abraham Kibet Chepkonga t/a A. K. Chepkonga & Company Advocates v Paul Gicheru t/a Gicheru & Company Advocates [2017] KEELC 396 (KLR)

Facts

The plaintiff, Abraham Kibet Chepkonga, claimed that the defendant, Paul Gicheru, issued a professional undertaking to pay Kshs. 3,325,000 to the plaintiff. The plaintiff alleged that the defendant did not deliver the original title deed of the land parcel known as Eldoret Municipality/Block 14/731 as per the undertaking. The defendant denied issuing the undertaking and claimed that it was issued for the benefit of Evan Kiprop Tum and Mike Kipyego Kipkorir.

Issues

1. Whether the Plaintiff was issued with a professional undertaking by the defendant's firm binding itself to pay Kshs. 3,325,000 to the Plaintiff?
2. Whether the Plaintiff pursuant to the undertaking did deliver to the defendant the original title of the land parcel known as Eldoret Municipality/BLOCK 14/731?
3. Whether the defendant has complied with the terms of the professional undertaking?
4. Whether if the defendant having not complied with the terms of the professional undertaking he should be compelled to honor the same by paying Kshs 3,325,000 together with interests to the plaintiff?
5. Whether the plaintiff in the alternative the defendants should deliver the original title in respect of the land parcel known as Eldoret Municipality/BLOCK 14/731 to the plaintiff?

Reasoning

The court determined that the dispute revolves around the title to the property Eldoret Municipality/Block 14/73. The court found jurisdiction based on the Environment and Land Court Act, which allows the court to hear disputes relating to land and title. The court also found that the defendant must honor the professional undertaking as the plaintiff established on a balance of probabilities that the defendant had a duty to do so.

Outcome

The defendant is ordered to pay the plaintiff Kshs.3,325,000 or deliver the original title deed for the land parcel No. Eldoret Municipality/BLOCK 13/543.

Authorities cited