Mohamed Ali Motha v Imperial Bank Limited [2015] KEHC 5810 (KLR)
- Court
- High Court of Kenya
- Case number
- 5810
- Citation
- [2015] KEHC 5810 (KLR)
- Decided
- 19 March 2015
The application is allowed, and the respondent is granted 14 days to honour the undertaking. If the undertaking is not honoured, the order for enforcement will follow.
Facts
The plaintiff borrowed Kshs.7,500,000 from the defendant on 8/5/2014. The plaintiff defaulted in payment, and the defendant sought to realize payment by selling a land parcel. The defendant's firm, acting as the plaintiff's advocate, gave a professional undertaking to deposit the amount into the plaintiff's loan account and indemnify the bank in case of breach.
Issues
- Enforcement of professional undertaking given by the defendant's firm
Reasoning
The court found that the defendant's firm made a professional undertaking to the applicant, which it failed to honor. The court ruled in favor of the applicant, granting the respondent 14 days to honor the undertaking and allowing the order for enforcement if the undertaking is not honored.
Outcome
Application granted
Orders
- 14 days granted to respondent to honor undertaking
- Order for enforcement if undertaking not honored
Remedies
- Enforcement of undertaking
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21)
- Civil Procedure Rules
Cases cited (4)
- MALINDI HOLDINGS & ESTATE AGENTS LIMITED VS MORRIS MWAMBUI
- HARIT SHETH T/A HARIT SHETH ADVOCATE VS K.H. OSMOND T/A K.H OSMOND ADVOCATE
- Section 50(1) of the Advocates Act
- NAPHTALI PAUL RADIER VS DAVID NJOGU GACHANJA T/A D. NJOGU & CO ADVOCATES
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