Description

Civil Litigation

1. Odhiambo Martin owns land Title Number Kisumu/Municipality/2001. He intends to sell the land parcel to Onyino Alston. The two parties approach you Olufwafwa Jacob of Olufwafwa and Associates Advocates to act for both of them in the transaction. After exhausting the due diligence expected of you, you prepare an agreement for sale which is duly signed by both parties. The purchaser pays you Kshs.100, 000 is 10% of the purchase price to hold pending conclusion of the transaction. The time set for the conclusion of the transaction is 100 days. 120 days later, during which time you have never heard from either of the parties, Onyino Alston comes to your chambers alleging that Odhiambo has refused to facilitate the conclusion of the transaction. He informs you that he wants his money back. You call Odhiambo Martin who informs you that it is Onyino who failed to pay the balance of the purchase price and since it is not his (Odhiambo’s) fault, he is entitled to the Kshs.100, 000. You do not know who to believe and who to give the money to in your custody. You decide to prepare an appropriate application for the court to give guidance in the matter. Prepare the application that would unravel this conundrum for you.

(15 marks)

2. You act for a defendant in a matter that has reached the trial stage. Mr. Maxwel Ondago, Counsel for the Plaintiff is taking his first witness through the examination-in-Chief. He poses the following questions to his witness. State, with reasons, whether you would object to any of the questions. Each question must be handled independently.
   • What is the registration number of the car that knocked you?
   • You were on the left side of the road by the time you were knocked, weren’t you?
   • Is it your case that the driver of the motor vehicle was driving very fast?
   • What was the speed and how far from you was the car by the time the driver began breaking?
   • What rumors did you hear on the state of sobriety of the driver at the time of the

accident?

• You are aware that this driver has been convicted for reckless and dangerous driving in other unrelated incidents, aren’t you?
• What injuries, if at all, did you suffer as a result of the accident?

(15 marks)