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MOHAMMED SALIM BALALA & ANOTHER
V.
TOR ALLAN SAFARIS LIMITED

(2015) JELR 96906 (CA)

Court of Appeal 23 Apr 2015 Kenya
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- The appellants, Balala & Abed Advocates, acting as vendor’s counsel, were stakeholders for a 10% deposit paid by the respondent, Tor Allan Safaris Ltd, under a sale agreement for land; completion failed due to disputes regarding property

Case Details

Suit Number:Civil Appeal 28 of 2014
Judges:Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale
Location:Malindi
Other Citations:Mohammed Salim Balala & another v. Tor Allan Safaris Limited [2015] eKLR

JUDGMENT OF THE COURT

Mohammed Salim Balala and Abed Omar Abed are partners in a law firm known as Messrs Balala and Abed Advocates (the Appellants). As such advocates, they were retained to act for one, Omar Mshamu Ismaili (the vendor) in an intended conveyance between vendor and Tor Allan Safaris Limited (the Respondent). A sale agreement dated 20th August, 2010 was subsequently executed; wherein the vendor agreed to sell to the respondent all that piece or parcel of land described as Ngomeni/squatter sett. Scheme/139 together with the developments thereon (the suit property) at a consideration of Kshs30,492,000/-. It was a term of the agreement that prior to the execution of the agreement, 10% of the purchase price would be paid to the Appellants who would hold the same as stakeholders under a professional undertaking, pending the completion of the transaction. A sum of Kshs.3,049,200/- being the deposit and further sum of Kshs.200,000/- on account of the purchase price was duly pai…

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