- In January, 2012 Ahmed Raymond Kundu employed Mwangi Khakhefwi as his agent to sell ten residential maisonnettes at Athi River Town. On February 1, 2012, Mwangi sent an e-mail message enquiring if Ahmed allow him to sell the said properties on that date at the price rate of Shs.50million per maisonnette. Ahmed immediately replied by e-mail communication the same day instructing Mwangi to wait and not to sell unless and until the price reached Shs.80million per maisonnette. Mwangi ignored the instructions, and, in breach of his duty sold the maisonnettes on February 1, 2012 at the price of Shs.50million each. As a matter of fact, on March 1, 2012, the maisonnettes could have been sold at Shs.90million each. Ahmed considers himself having suffered damage considering the price difference between what the maisonnettes were actually sold for and what they would have fetched only one month after they had been sold, if only Mwangi had abided by the instructions given to him.
You are a junior advocate in the firm of Originals & Co. Advocates who practice as such at Unswampy Towers, 10th Floor, Broad Avenue, Nairobi. The senior partner in the firm, having meticulously written down these facts as distilled from Ahmed, passes to you these factual details. He asks you to make a draft plaint for him to scrutinize. Draft the plaint.
(15 marks)ATP 100 Civil Litigation (r) 2012-1
ATP 100 Civil Litigation (r) 2012-2