Claytown Valuers Limited v Joe M. Nzioka t/a Nzioka & Company Advocates & 2 others [2017] KEHC 10013 (KLR)

Facts

The plaintiff, Claytown Valuers Limited, claims that the 2nd defendant, AFRISON EXPORTS & IMPORT LIMITED, failed to remit payment to the 1st defendant, JOE M. NZIOKA t/a Nzioka & Company Advocates, who was supposed to transmit it to the plaintiff. The 2nd defendant did not file proceedings to seek indemnity against the 1st defendant.

Issues

1. Whether the 2nd defendant is liable for the failure by the 1st defendant to remit payment to the plaintiff.
2. Whether the plaintiff can lawfully demand payment from the 2nd and 3rd defendants.
3. Whether the professional undertaking given by the advocate, JOE M. Nzioka, can transmit the responsibility for the undertaking to the clients of the said advocate.

Reasoning

The court found that there were bona fide triable issues regarding the payment responsibility and the effect of the professional undertaking. The plaintiff failed to demonstrate a nexus between itself and the 2nd and 3rd defendants.

Outcome

Dismissed

Authorities cited