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Civil Appeal of - Kenya Law
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Part of making a great date date Exactly What To. However, the parties came to understand that the transaction was not valid as the purported vendor was not selling her land yet the deposit had changed hands and the same had been allegedly released to the vendor. The appellant is aggrieved that the respondent despite their knowledge in law failed to act with due diligence by advising him accordingly for purposes of securing the deposit.
In this case the appellant retained the services of the respondents. A retainer binds an advocate to act for his client in such a manner as to protect his client's interest and not to jeopardize. Then there was correspondence directed to the vendors advocate from the purchasers advocate who offered to vary the required completion date of 90 days to days. The purchasers advocate then wrote to the appellant a letter dated 7th June stating the vendors terms including the release of the deposit to the vendor which terms the appellant had agreed to.
The agreement was executed by both the appellant and the holder of a power of attorney. On the question as to whether or not the respondents negligently released the deposit to the vendor's advocate. The correspondences clearly indicate that there were ample communication between the appellant and the respondents.
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He was kept informed of the transaction throughout. Vide the letter dated 7th Junethe respondents were authorized by the appellants, to release the deposit to the vendor immediately upon the execution of the agreement for Sale.
The respondents stated in part as follows: The appellant is of the opinion that the respondents should have advised him against release of the deposit to the vendor. The respondent on the other hand argues that he followed the appellant's instructions which they advised against but the appellant insisted on the release of the deposit which was used as a bargain on the part of the appellant to have the completion period extended by 30 days.
This was evident by the fact that the appellant sent Geddatta surveyors and consultants who were denied access to the subject land. A further look at the record of appeal, there is a draft agreement of sale, which the respondents had drafted and forwarded it to the vendors advocate.
In Clause 3, before engrossment, shows that the respondents had followed conveyance practice by indicating that the vendor's advocate be paid the deposit to hold as stakeholders. The same was amended by the vendors advocate to have the deposit released to the vendor which the parties agreed to. An advocate can only act upon instructions from his client. He cannot proceed in a particular manner even if he feels it's right without the go head from his client.
The appellant instructed the respondent to release the deposit to the vendor's advocate to aid the vendor in clearing the rent and rates payable, which was done.