Njeneni Limited v Joseph K. Kamere & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS ] CIVIL CASE NO. 1573 OF 2001 NJENENI LIMITED………………………………………..PLAINTIFF VERSUS JOSEPH K. KAMERE …………………………...1ST DEFENDANT SIMON KAMERE t/a KAMERE & CO. ADV……2ND DEFENDANT RULING This suit was commenced by way of Originating Summons under Order 52 Rule 49(i)(a)(b) (c) and (d) of the Civil Procedure Rules claims;(a) the delivery by the Respondent/Defendants of a full account of the monies received by the Respondent/Defendants from several purchasers in respect of sales of the resultant subdivisions of Land Reference Number 8121 and 8069 Nakuru belonging to the Applicant/Plaintiff which transaction the Applicant/Plaintiff engaged and/or retained the Respondent/Defendant as its Advocates but the Respondents/Defendants have failed, refused and/or neglected to account for the same despite persistent requests to him/them to do so. (b) the payment or delivery up of the monies had and received by the Respondents/Defendants on behalf of the applicant/Plaintiff from several purchasers together with the accrued interest in respect of the sale of the said sub-plots on Land Reference Number 8121 and 8069- Nakuru which the respondent/Defendants have failed, refused and/or neglected to ay or deliver despite demands to having them to do so. (c) the delivery up of a list of the sub-plots on land Reference Numbers 8121 and 8009 – Nakuru in respect of which the Respondents/Defendants have received payments together with a list of purchasers thereof including the amount paid for each sub-plot and the balance (if any) outstanding thereof. (d) the delivery up of papers and completion documents pertaining to the sale of several sub-plots on Land Reference Numbers 8121 and 8069 – Nakuru which the Respondents/Defendants have been given by and/or received on behalf of the Applicant/Plaintiff with a view of completing and registering the various transfers in respect of the sub-plots in favour of the several purchasers but, he the Respondents/Defendants have failed, refused and/or neglected to release or deliver up the same to the Applicants/Plaintiff’s current Advocates despite repeated requests to him/them to do so. The application is supported by sworn affidavit of Dr. Arthur Nganga Njuguna Ndoro. Counsel for the applicant/plaintiff relies entirely on the said voluminous affidavit of the applicant which contains 48 paragraphs. I have considered the application, the affidavit in support and the annextures therein and I am satisfied that it is meritorious. The respondent did not appear to oppose the application despite the fact that the date was taken by consent . The application is allowed in terms of paragraph 1 and 2 of the Originating summons dated 12.10.2001 and it is ordered that the respondent do comply with this order within 21days of the date of this ruling.

page 1 of 2