Salim Ali Sheikh v Abib Zam Zam Abdi t/a Abib & Associates Advocates [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Commercial & Tax Division
Category
Civil
Judge(s)
M. A. Odero
Judgment Date
September 18, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Salim Ali Sheikh v Abib Zam Zam Abdi t/a Abib & Associates Advocates [2020] eKLR, detailing key legal insights and implications. Perfect for legal scholars and practitioners.

Case Brief: Salim Ali Sheikh v Abib Zam Zam Abdi t/a Abib & Associates Advocates [2020] eKLR

1. Case Information:
- Name of the Case: Salim Ali Sheikh v. Abib Zam Zam Abdi t/a Abib & Associates Advocates
- Case Number: Civil Suit No. 91 of 2019 (OS)
- Court: High Court of Kenya at Nairobi, Commercial & Tax Division
- Date Delivered: 18th September 2020
- Category of Law: Civil
- Judge(s): M. A. Odero
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve are:
1. Did the Plaintiff misrepresent himself as the owner of the properties for which compensation was to be paid?
2. Should the court enforce the professional undertaking dated 30th November 2018 issued by the Defendant?

3. Facts of the Case:
The Plaintiff, Salim Ali Sheikh, entered into an agreement with the Defendant, Abib Zam Zam Abdi, who is an advocate, to assist in securing compensation from the National Land Commission (NLC) for properties owned by Halal Meat Products Ltd. The agreed compensation amount was Kshs. 21,000,000. The Plaintiff claimed to have fulfilled his obligations, but disputes arose when the Defendant issued a cheque for Kshs. 6,000,000 which was later stopped, leading to the present application. The Defendant contended that the Plaintiff had misrepresented himself as the owner of the properties, which were actually owned by Halal Meat Products Ltd.

4. Procedural History:
The Plaintiff filed an Originating Summons on 1st March 2019, seeking various orders against the Defendant, including the enforcement of the professional undertaking and the provision of financial records. The Defendant opposed the application, and both parties submitted affidavits and written submissions throughout the proceedings. The Plaintiff's supplementary affidavit indicated a change in his claims regarding property ownership.

5. Analysis:
Rules:
The court examined several legal provisions, including Order 40 and Order 53 of the Civil Procedure Rules, 2010, and relevant sections of the Civil Procedure Act, Cap 21, Laws of Kenya. The court also referenced the nature of professional undertakings as binding commitments made by advocates.

Case Law:
The court cited the case of Harit Sheth t/a Harith Sheth Advocates v. K. Osmond Advocates (2011) eKLR, which emphasized that an advocate who issues a professional undertaking is bound to honor it, regardless of the circumstances.

Application:
The court found that the Plaintiff had indeed misrepresented himself as the owner of the properties in question, which amounted to an abuse of the court process. Furthermore, the court concluded that the professional undertaking was not enforceable due to the Plaintiff’s voluntary execution of a discharge document, which absolved the Defendant of any obligations under the undertaking.

6. Conclusion:
The court ruled against the Plaintiff, dismissing the application for enforcement of the undertaking and finding that the Plaintiff's misrepresentation precluded him from obtaining equitable relief. The implications of this decision highlight the importance of honesty and integrity in legal proceedings.

7. Dissent:
There were no dissenting opinions in this case as it was a single-judge decision.

8. Summary:
The court dismissed the Plaintiff's application for enforcement of the professional undertaking due to his misrepresentation of property ownership and the execution of a discharge document. This case serves as a critical reminder of the necessity for truthful representation in legal matters and the binding nature of professional undertakings in the legal profession.

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