John Mugambi t/a Mugambi & Company Advocates & another v Showcase Propertie Limited & 5 others [2018] KEHC 5286 (KLR)

Facts

The Plaintiffs claim that they were retained to undertake legal work for which fees are due to them, and the Defendants are alleged to have guaranteed the payment of these fees. The 6th Defendant is a bank that provided some finances to the 1st Defendant, with the promise that the 1st Defendant would settle the outstanding legal fees.

Issues

1. The Orders sought in the Motion of 23rd October 2017 cannot be granted.
2. The Bank's relationship to the 1st Defendant and the alleged non-funding based guarantee.
3. The existence of a registered charge over the property in favour of the Bank.

Reasoning

The Plaintiffs' case is that they were retained to undertake legal work for which fees are due, and the Defendants are alleged to have guaranteed the payment of these fees. However, the Court acknowledges that a charge has been registered over the property in favour of the Bank, and the Bank's relationship to the 1st Defendant is such that no monies are passing from the 6th Defendant to the 1st Defendant.

Outcome

Appeal dismissed