Mbatia v Mburu Joseph Braimoh Ndungu t/a Riggha & Mburu Advocates (Civil Case E048 of 2022) [2023] KEHC 3530 (KLR) (Civ) (28 April 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 3530
- Citation
- [2023] KEHC 3530 (KLR)
- Decided
- 28 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an interlocutory judgmentCoramAA VISRAM, Mustafa
Holding
The plaintiff's claims are dismissed as the cause of action is based on breach of contract and not tort, and the plaintiff is not entitled to general damages.
Facts
The plaintiff, Serah Njeri Mbatia, claimed that her former advocate, Mburu Joseph Braimoh Ndungu, acted negligently in a sale and purchase of her husband's property, resulting in a loss of Kshs.27,902,814.
Issues
- Breach of contract
- Professional negligence
- Statute of limitations
Reasoning
The court found that the plaintiff's claim was time-barred due to the statute of limitations and that the cause of action was based on breach of contract, not tort. General damages are not recoverable for breach of contract.
Outcome
The plaintiff's claims are dismissed.
Authorities cited
Legislation (2)
- Limitation of Actions Act CAP 22
- Civil Procedure Rules
Cases cited (4)
- Consolata Anyango Ouma vs. South Nyanza Sugar Co. Ltd (2015)eKLR
- Kenya Tourist Development Corporation v Sundowner Lodge Limited (2018) eKLR
- Dharamshi v Karsan (1974) EA 41
- Provincial Insurance Co. EA Ltd v Mordechai Mwanga Nandwa (KSM Civil Appeal No 179 of 1995)
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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