WALTER SITONIK TISIA vs PHILIP CHABEDA [2003] KEHC 567 (KLR)
- Court
- High Court of Kenya
- Case number
- 567
- Citation
- [2003] KEHC 567 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplicant seeks a refund of Kshs.107,000/- from the Defendant, who disputes the claim.CoramDANIEL K. MUSINGA
Holding
The court does not compel the Defendant to deposit Kshs.107,000/- in court at this stage.
Facts
The Plaintiff claims to have paid the Defendant Kshs.107,000/- for legal services, but the Defendant disputes this and states he was only paid Kshs.23,000/-.
Issues
- Whether the Defendant should be compelled to deposit Kshs.107,000/- in court.
- Whether the Plaintiff has a valid claim for refund and interest.
Reasoning
The matter is yet to be heard, and compelling the Defendant to deposit the money may be prejudicial to his case. There is no compelling reason to order the deposit.
Outcome
Directions given for the matter to be heard in Nakuru High Court.
Orders
- The Originating Summons dated 18/9/2003 together with the affidavit of Walter Sitonik Tisia be treated as a plaint.
- The Respondent’s replying affidavit sworn on 18th September, 2003 be treated as a Defence.
- Viva voce evidence to be taken during the hearing of the matter.
- The Applicant to appear and give evidence as the Plaintiff and be at liberty to call witnesses.
- The Respondent to appear and testify as the Defendant and be at liberty to call witnesses.
- The matter to be heard in Nakuru High Court before one Judge.
Authorities cited
Cases cited (1)
- H.C.C.C. No. 259 of 2001 (O.S.) WILSON SAINA –VS- JOSHUA C. CHERUTICH T/A CHURICH & CO. ADVOCATES
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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