CHRISTOPHER MUSYOKA MUSAU V N. P. G WARREN & 7 OTHERS [2012] KEHC 2309 (KLR)
- Court
- High Court of Kenya
- Case number
- 2309
- Citation
- [2012] KEHC 2309 (KLR)
- Decided
- 20 September 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from an original trial judgmentCoramG.V. ODUNGA, G.K. KIMONDO
Holding
The defendant firm is granted 45 days to honor its professional undertaking and pay the outstanding sum with interest, and to surrender title documents.
Facts
The plaintiff sought orders for the defendants to honor their professional undertakings, pay a sum of Kshs. 11,568,790, and surrender title documents.
Issues
- Professional undertakings
- Payment of sum due
- Surrender of title documents
Reasoning
The defendant firm's professional undertaking is enforceable, and the plaintiff's claim is not barred by limitation. The defendant's delay in payment and issuance of title documents is unjustified.
Outcome
Judgment in favor of the plaintiff
Orders
- 45 days to honor professional undertaking
- Pay the outstanding sum with interest
- Surrender title documents
Remedies
- Interest on the sum due
- Title documents
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Companies Act Section 339
Cases cited (4)
- Harit Sheth T/A Harit Sheth Advocate vs. K H Osmond T/A K H Osmond Advocate Civil Appeal No. 276 of 2001 [2011] eKLR
- In The Matter of Mwariki Farmers Company Limited vs. Companies Act Section 339 and Others [2007] 2 EA 185
- Adala Vs. Anjere [1988] KLR 635
- Naphtali Paul Radier vs. D Njogu & Co [2006] EKLR
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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