Lawyer sued for failing to pay Sh 420,000 for apartment

Milimani Law Courts

A lawyer has been sued for failing to pay Sh 420,000 for an apartment in Nairobi’s Kilimani Estate.

Lawyer Anthony Ndegwa Kimani is accused by Zayn Auto Care Limited of breaching a professional undertaking to pay the said balance.

Riyaz Hassanain Khimgi, director Zayn wants the advocate to be ordered to pay the money within the next seven days.

“Anthony Ndegwa Kimani, T/A Ndegwa & Kiarie Company Advocates be ordered to pay the Zayn Auto Care Ltd Sh 420,000 at the rate of 5% above the base lending rate of NCBA Bank for the time being, from 12th July 2021 until payment in full,” Khimgi said.

Khimgi states that by a duly executed agreement for sale dated 6th May 2020, the company accepted the purchaser’s offer to purchase the property for Sh 7.5 million for an apartment in Kilimani.

“In accordance with the terms of agreement and particular in clause 1.4, the defendant was to hold the balance of the purchase price being Sh 600,000 pending registration of transfer for a maximum period of 60 days from the completion date, whichever was earlier.

Lapsed period

The court heard that the period within which the defendant had undertaken to hold the balance of purchase price lapsed.

“By the letter dated for 4th October 2021, 9th December 2021 and 12th January 2022 the plaintiff’s advocate wrote to the defendant requesting for the release of the balance of purchase price but failed to honor his undertaking thus necessitating these proceedings,” Hassanian added.

The company argues that the law firm reverted to the letter by conceding to counter-claim which was computed at Sh 180,000 and further demanded the residue which now stood at Sh 420,000 which he has failed to release.

“The defendant has completely failed and refused to honor the undertaking and persist with failure and refusal notwithstanding the vendor fully met its obligations and all agreements for sale including partying with the possession of the said property,” the applicant said.