PROF. TABAN LO LIYONG vs MUGAMBI IMANYARA & CO. [1998] KEHC 195 (KLR)
- Court
- High Court of Kenya
- Case number
- 195
- Citation
- [1998] KEHC 195 (KLR)
- Decided
- 18 December 1998
The Plaintiff's application for review is allowed, and the order of the court dated 18th December, 1998 is hereby reviewed and set aside. The case is directed to proceed by way of affidavits.
Facts
The Plaintiff intended to purchase property in Nairobi and instructed the Defendant to identify a suitable property and negotiate for the sale. The purchase price was Shs.500,000/-, and the Defendant acted as both the vendor's and the purchaser's advocate. The Plaintiff paid Shs.1,100,000/= as a stakeholder, but the sale did not materialize, and the Plaintiff demanded his money back. The Defendant refunded Shs.300,000/= to the Plaintiff's advocate, K.N. OSMOND.
Issues
- Whether the Plaintiff's application for review of the order directing the case to proceed by way of viva voce evidence is meritorious
- Whether the Plaintiff's application for review should be granted
Reasoning
The Plaintiff did not play a personal role in the movement of the money from his bank to the Defendant, and the Defendant has conceded that they received the money and refunded part of it to the Plaintiff's advocate.
Outcome
The Plaintiff's application for review is allowed.
Orders
- The order of the court dated 18th December, 1998 is hereby reviewed and set aside.
- The case is directed to proceed by way of affidavits.
Remedies
- The Plaintiff is directed to proceed with the case by way of affidavits.
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