JUDGEMENT OF THE COURT
KARSAM LALJI PATEL, the appellant, took out an OriginatingSummons in the superior court under Order Lll rules 7 and 10 (2) ofthe Civil Procedure Rules (the Rules) to enforce a professionalundertaking given to his Advocates by Mr. Peter Kimani Kairu, anAdvocate of the High Court of Kenya practicing as Kimani Kairu andCompany Advocates, in a letter dated 26th August, 1998. Theappellant was represented by the firm of Rayani Rach and SevanyAdvocates.
By an agreement for sale dated 9th April, 1998 made between Gateway-Insurance Company Limited (the Vendor) and Karsam Lalji Patel (thePurchaser) the Vendor agreed to sell to the Purchaser the propertyknown as Plot L.R. No.330/1077 Nairobi (the suit land) for Shs.6,250,000/-. The sale was with vacant possession and completiondate was 31st May, 1998. A deposit of Shs 625,000/-, being 10% ofthe purchase price, was paid by the Purchaser to the Vendor'sAdvocates, Kimani Kairu and Company Advocates (the Advocates).
Along the way…