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BOOTH EXTRUSIONS LIMITED
V.
DUMBEYIA NELSON MUTURI HARUN T/A NELSON HARUN & COMPANY ADVOCATES

(2017) JELR 103528 (CA)

Court of Appeal 1 Dec 2017 Kenya
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- The appellant, Booth Extrusions Limited, sought the return of the original title deed for LR No. 4953/1421 (IR 37819), alleging their advocate, the respondent, wrongfully retained it despite failing to complete a property transfer from Ka

Case Details

Suit Number:Civil Appeal 249 of 2015
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Booth Extrusions Limited (Formerly Booth Manufacturing Africa Limited) v. Dumbeyia Nelson Muturi Harun t/a Nelson Harun & Company Advocates [2017] eKLR

JUDGMENT OF THE COURT

By an amended originating summons dated 6th August, 2013 and filed before the High Court at Nairobi, Booth Extrusions Limited (Formerly Booth Manufacturing Africa Limited, the appellant) sought the following orders against Dumbeyia Nelson Muturi Harun t/a Nelson Harun and Company Advocates (the respondent);

The defendant do deliver up the original certificate of the title and deed plan No 115846 in respect of LR No 4953/1421 (I.R 37819) in Thika Municipality entrusted to the defendant by the plaintiff on the basis of advocate/client relationship.

The cost of this suit be borne by the defendant.

It was supported by the affidavit of Okoth Mackoduol sworn on 6th August, 2013 in which he swore that on 10th June, 2017 a letter was written instructing the respondent to transfer LR. No. 4953/1421 from Kaluworks Limited into the appellant’s name but he did not and to date the property remains in the name of Kaluworks Limited.

He swore further that the said Kaluworks Limited i…

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