Leisure Lodges Ltd v Japheth S. Asige S.O. Anyanzwa t/a Asige, Keverenge & Anyanzwa Co. Advocates [2017] KEHC 4636 (KLR)
- Court
- High Court of Kenya
- Case number
- 4636
- Citation
- [2017] KEHC 4636 (KLR)
- Decided
- 23 June 2017
The objection to the matter on technical grounds is dismissed. The court holds that the money was sent as clients' money, and the advocate was obligated to render an account.
Facts
The plaintiff, Leisure Lodges Ltd, instructed interim liquidators H.W. Gichohi and G.M. Kimeu to pay Kshs.5,000,000 to the defendant, Japheth S. Asige, as part of outstanding fees. The liquidators wrote to the defendant on February 15, 2001, and the defendant received the cheque on February 16, 2001. However, the liquidators' appointment was revoked by the court on February 15, 2001.
Issues
- Whether to order accounts
- Validity of the originating summons
Reasoning
The court finds that the purpose of the deposit was to keep the money in a joint account for various legal matters, and the advocate was obligated to render an account. The court dismisses the objection to the matter on technical grounds.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- KWANZA ESTATES LTD VS DUBAI BANK OF KENYA LTD & KENYA DEPOSIT INSURANCE CORPORATION [2016] eKLR
- RE: PRIDEINN HOTELS LTD the Winding Up Cause No. 2 of 2016
Loading judgment…