Case ID:180061

Shem Oduor Adiedo v Benard Olweny Agutu & another [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Civil Application 205 of 2019

Parties:

Shem Oduor Adiedo v Benard Olweny Agutu & Ouma Njoga & Co. Advocates

Date Delivered:

28 Jul 2021

Case Class:

Civil

Court:

High Court at Kisumu

Case Action:

Ruling

Judge(s):

Fred Andago Ochieng

Citation:

Shem Oduor Adiedo v Benard Olweny Agutu & another [2021] eKLR

Court Division:

Civil

County:

Kisumu

Extract:

0

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISC. CIVIL APPL. NO. 205 OF 2019

SHEM ODUOR ADIEDO...................................................................APPLICANT

-VERSUS-

BENARD OLWENY AGUTU...................................................1

ST

RESPONDENT

OUMA NJOGA & CO. ADVOCATES....................................2

ND

RESPONDENT

RULING

The Applicant,

SHEM ODUOR ADIEDO

, filed the application dated 9

th

December 2019, seeking orders to compel the 2

nd

Respondent,

NJOGA AND COMPANY ADVOCATES

, to release to him the sums of money which had been awarded as compensation in

CIVIL APPEALS NOS. 88 OF 2011

;

89 OF 2011

;

90 OF 2011

and

91 OF 2011

.

1.

It is common ground that the 2

nd

Respondent was the Applicant’s advocate in the 4 Civil Appeals which were at the High Court.

2.

In the said appeals, the Applicant herein was the Respondent.

3.

Following the decisions by the High Court, the Applicant asked his erstwhile advocate to release to him the money which been deposited by the Appellants.

4.

On 5

th

May 2021, Mr. Songok Advocate informed this Court that the former Law Firm of Nyaundi Tuiyot & Company Advocates would comply with any orders which the Court would make in this matter.

5.

He further told the Court that some of the money in issue was held in a Joint Account in the names of the 2 Law Firms which represented the parties in the four appeals.

6.

In effect, the 2

nd

Respondent was not holding all the funds.

7.

As for the funds in the joint account, the 2

nd

Respondent could not have single-handedly accessed the said funds, so as to thereafter pay the same to the Applicant.

8.

The Applicant is entitled to the compensation which was awarded to him by the courts.

9.

Accordingly, I direct the

FAMILY BANK

to forthwith provide this Court with the full statement of the Joint Account No.

[....]

, which is held in the names of Nyaundi Tuiyot & Company Advocates, with Ouma Njoga & Co. Advocates.

10.

Immediately after receipt of the bank statement, this court will give further directions and orders about the funds in the said account.

11.

I also direct the 2

nd

Respondent to forthwith provide the Court with a detailed statement of the money which is being held by the Law Firm. The said accounts should be filed and served within the next 7 days.

12.

Alongside the said Accounts from the 2

nd

Respondent, the certified copies of each of the Certificates of Taxation issued in the respective cases, should be lodged with this Court.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JULY 2021

FRED A. OCHIENG

JUDGE