JUDGMENT OF THE COURT
The respondent herein is an advocate of the High Court of Kenya practicing in Malindi (“the advocate”). The appellant company on the other hand, was his client (“the client”). In 1994, the client instructed the advocate to purchase for it some two plots of land in Malindi and deposited the necessary funds for that purpose. But the advocate did not carry out those instructions. Four years later in 1998, the advocate gave a written undertaking to the client for refund of those funds. By the year 2002, however, that undertaking had not been discharged and so, the client went before the superior court on 6th May, 2002 and took out an originating summons under Order LII rule 4 of the Civil Procedure Rules, which was subsequently amended with the court’s leave, seeking the following orders:
“1. THAT the defendant do deliver up a cash account of his dealings with the plaintiff.
2. THAT a declaration be issued that the defendant is holding monies due to the plaintiff and t…