Adan Ali Hassan v Choka, Chelule & Co Advocates [2015] KEHC 8227 (KLR)

Facts

The Applicant and two others were the registered owners of a property. They entered into an Agreement of Sale with the Purchasers for a consideration of Kshs 28,600,000. The Respondents issued a Professional Undertaking dated 12 February 2014, which was used to transfer the property to the Purchasers. The Applicant demanded his share of the purchase price but was not paid.

Issues

1. Whether the Respondents issued a Professional Undertaking to the Applicant and two others regarding the payment of Kshs 20,600,000
2. Whether the conditions required to have this sum paid to the Applicant were met
3. Whether the Respondents failed to discharge their professional undertaking as per the agreed terms
4. Whether the court should enforce the said professional undertaking by ordering the Respondent to pay the Applicant Kshs 6,866,600 plus accrued interest
5. Whether the Applicant was entitled to costs and interest on the said sum

Reasoning

The court found that the Respondents did not issue a Professional Undertaking to the Applicant and that the conditions for payment were not met. The court ordered the Respondents to pay the Applicant the sum of Kshs 6,866,600 plus accrued interest.

Outcome

The court ordered the Respondents to pay the Applicant the sum of Kshs 6,866,600 plus accrued interest and to bear the Applicant’s costs.

Authorities cited