KIMONDO GACHOKA & CO. ADVOCATES v JOAKIM KIARIE KAMERE T/A KIARIE KAMERE & CO. ADVOCATES [2008] KEHC 2710 (KLR)
- Court
- High Court of Kenya
- Case number
- 2710
- Citation
- [2008] KEHC 2710 (KLR)
- Decided
- 9 May 2008
The court finds that the intended 2nd defendant is not a necessary party for the determination of the real matter in dispute and dismisses the application with costs to the plaintiff.
Facts
The defendant, an advocate, gave a professional undertaking to forward and pay a sum of Kshs.84 million upon the successful transfer of a property to the purchaser. The undertaking was given to the plaintiff's firm. The defendant's cheque for Kshs.51,900,000 was dishonoured, and the purchaser paid a balance of Kshs.45,900,000 directly to the plaintiff.
Issues
- Whether the 2nd intended defendant is a necessary party for the determination of the real matters in dispute between the plaintiff and the defendant.
- Whether the defendant gave a professional undertaking to remit certain monies after the completion of the subject sale transaction.
Reasoning
The court determined that the presence of the intended 2nd defendant would not assist in determining the real issues in dispute between the plaintiff and the defendant. The court concluded that the issues could be resolved without the involvement of the intended 2nd defendant.
Outcome
Application dismissed with costs to the plaintiff.
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