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CHRISTOPHER MUSYOKA MUSAU
V.
N. P. G. WARREN & 8 OTHERS

(2017) JELR 103185 (CA)

Court of Appeal 12 May 2017 Kenya
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- The appellant sought to enforce a professional undertaking given by the respondent law firm (Daly and Figgis Advocates) to pay 30% of the balance of a purchase price upon the issuance of an engineer’s certificate confirming completion of

Case Details

Suit Number:Civil Appeal 290 of 2015
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Nairobi
Other Citations:Christopher Musyoka Musau v. N. P. G. Warren & 8 others [2017] eKLR

JUDGMENT OF THE COURT

The appellant, by an amended originating summons asked the High Court to order N. P. G Warren, D.J.C MC Vicker, L.W Muriuki and K.H.W Keith t/a Daly and Figgis Advocates to honour their irrevocable and unconditional professional undertaking given to the appellant on behalf of their clients in relation to a sale transaction of a parcel of land known as L.R No. 11066 Machakos Town belonging to the appellant. The appellant alleged that the respondents undertook to release 60% of the purchase price to his advocates upon receipt of a duly executed transfer and 30% or Kshs.11,568,790 upon receipt of a certificate of completion from the Engineer confirming that the roads and water works were complete on the suit property. We note that 10% deposit had been paid directly to the appellant’s selling agent. It was further his contention that, although he performed his part of the bargain by releasing to the respondents the grants of the sub-divisions in respect of the suit pr…

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