Nduu v Jayveer Enterprises Limited (Cause 1957 of 2012) [2022] KEELRC 1199 (KLR)
The bottom line
#A Kenyan court ordered a law firm to hand over Kshs.250,000 held for a client and to pay the costs its delay caused.
What this practically means
#Executive summary
#Key legal issues
#Disbursement of decretal funds held by an advocate to a client
The court ordered direct payment of the retained decretal sum of Kshs.250,000/- to the claimant through his new advocates rather than a deposit in court
Both sides accepted the funds existed and that the claimant wanted payment; there was no real dispute. The court found the matter should never have come to court by application and that the simplest just remedy was a banker's cheque from the former advocates to the new advocates, payable to the claimant within a fixed period.
Costs occasioned by an advocate's failure to release client funds
The former advocates were ordered to bear the new advocates' fees and the costs of their own unsuccessful application, having caused the litigation by withholding the money
The court reasoned that had the decretal sum been released on receipt, neither application would have been necessary and the claimant would have earned interest on the money. The resulting loss and inconvenience were attributed to the former advocates' failure to release or invest the funds.
Legal principles established
#- An advocate who withholds a client's decretal funds, forcing unnecessary applications, bears the costs and consequences of that conduct
Court orders
#- 1.The firm of Kinyua Musyoki and Company Advocates to, within seven (7) days, issue a banker's cheque of Kshs.250,000/- to the firm of Mwinzi and Associates for onward transmission to the claimant
- 2.The said sum to be paid to the claimant in full by Mwinzi and Associates within 14 days of receipt
- 3.Fees payable to Mwinzi and Associates by the claimant to be borne by Kinyua Musyoki and Company Advocates on the basis of the Advocate/Client bill
- 4.The application by the firm of Kinyua Musyoki dismissed with costs
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the court over the suit and applications arising from its own decree; directions anchored on article 159(2)(d) and article 48 of the Constitution and section 1B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nduu v Jayveer Enterprises Limited (Cause 1957 of 2012) [2022] KEELRC 1199 (KLR)", Case Analysis (2022). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1199/eng@2022-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.