Nyagowa v Seth & Wathigo Advocates (Environment and Land Case Civil Suit 25 of 2017) [2023] KEELC 18530 (KLR) (6 July 2023) (Judgment)

Summary at a glance

Facts

The plaintiff, George Adada Nyagowa, sold a parcel of land known as L.R No. 29996, Grant No. 153894 to Crater Automobiles (NBI) Limited. The defendant, Seth & Wathigo Advocates, acted for the purchaser. The defendant gave a professional undertaking to the vendor's advocates to pay the balance of the purchase price within 14 days of registration of the transfer, but the plaintiff was not paid the balance.

Issues

• Whether the defendant should be compelled to fulfill its undertaking dated 19th January 2015.
• Whether the plaintiff is entitled to the reliefs sought in the Originating Summons.
• Who should bear the costs of the suit.

Reasoning

The defendant gave a professional undertaking to the vendor's advocates to pay the balance of the purchase price within 14 days of registration of the transfer, but the plaintiff was not paid the balance. The defendant should be compelled to fulfill its undertaking.

Outcome

The defendant was ordered to fulfill its undertaking.

Orders

• The defendant should be compelled to fulfill its undertaking dated 19th January 2015.