WARUHIU K'OWADE & NG'ANG'A ADVOCATES (A FIRM)
V.
MUTUNE INVESTMENTS LIMITED

RULING

By a judgment dated and signed by Azangalala, J on 25^th April, 2008 but delivered on his behalf by Lesiit, J on 16^th May, 2008, the former Judge ordered M/s Waruhiu, K’Owade and Ng'ang'a Advocates, the applicants herein, to honour their professional undertaking by paying to M/s Mutune Investments Ltd., the respondents herein, the sum of K.shs.2 million within sixty days of the Judge’s order. The applicants are a firm of advocates practising law in Nairobi. By their letter dated 15^th January, 2002, another firm of advocates, M/s Sichangi and Company Advocates who were acting and are still acting for the respondents, had told the applicants:-

“We refer to the above matter and enclose herewith cheques for K.shs.2 million released to you on your undertaking to release to us the Title documents for the above property and Discharge of charge by Trust Bank Limited (DPF).”

It appears that the terms on which the cheques were sent were not honoured by the applicants and they did not and sti…