Description

Civil Litigation

1. Dominic Jumla Khandi, a dealer in rare paintings agreed in writing with Samson Shap Rara, that the latter would sell to him a rare oil painting known as “The Head of Patriot Kimathi Defying Colonialists and Contemptuous of Homeguards.” The agreement between the two, who work and reside in Eldoret, was made and entered into on August 15, 2012. Dominic agreed to pay Kshs.100,000,000 for the painting. He has all along kept that amount of money in readiness to pay the agreed purchase price. To this day Samson has not delivered this painting to Dominic, who has made a number of demands to Samson to deliver the painting to him (Dominic). Dominic is disappointed. He instructs the firm of Lino and co. Advocates to file a suit against Samson and seek a judgment to force Samson to deliver the painting to Dominic as agreed and/or compensation in substitution for non-delivery, and costs of the suit. Lino & Co Advocates is a reputable firm of advocates located at Riparian Towers, Ground Floor, Middle Chambers, Kampala Highway, P O Box 7, Eldoret. This firm has recently employed you as a junior advocate. Senior Counsel in the firm is busy assembling together evidential documents and others that may be needed later. In the meantime, she gives you the above facts and asks you to draft a plaint which she will consider along with other documents which she is putting together. Draft the plaint she requires. (15 marks)