Nelson Andayi Havi t/a Havi & Company Advocates v Jane Muthoni Njage t/a J.M Njage & Company Advocates [2015] KEHC 7027 (KLR)
- Court
- High Court of Kenya
- Case number
- 7027
- Citation
- [2015] KEHC 7027 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnforcement of Professional UndertakingPostureAppeal from a previous judgmentCoramLike Njagi, Mwera
Holding
The Court held that the Defendant is liable to pay the Plaintiff interest on the sum of Kshs. 45,000,000/= and Kshs. 5,000,000/- at a rate of 15.5% per annum from 1st October, 2008 until payment in full.
Facts
The Plaintiff and Defendant are advocates who acted in a sale transaction. The Defendant provided an undertaking to the Plaintiff for the balance of the purchase price.
Issues
- Whether an order to honor the undertaking should be issued before enforcing the undertaking
- Whether the Plaintiff is entitled to claim interest on delayed completion in the enforcement of the Advocates undertaking
- Whether the Defendant is liable to pay the interest on account of delayed payment of the sum she gave an undertaking on
- Whether the Plaintiff is liable to costs of this suit
Reasoning
The Court considered the terms of the undertaking and the facts of the case, concluding that the Defendant is liable to pay the interest as claimed by the Plaintiff.
Outcome
The Defendant is ordered to pay the Plaintiff interest on the sum of Kshs. 45,000,000/= and Kshs. 5,000,000/- at a rate of 15.5% per annum from 1st October, 2008 until payment in full.
Orders
- The Defendant is ordered to pay the Plaintiff interest on the sum of Kshs. 45,000,000/= and Kshs. 5,000,000/- at a rate of 15.5% per annum from 1st October, 2008 until payment in full.
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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