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NISHITH YOGENDRA PATEL
V.
PASCALE MIREILEE BAKSH& ANOR

(2019) JELR 93505 (CA)

Court of Appeal 10 May 2019 Kenya
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Case Details

Suit Number:Civil Appeal 189 of 2007
Judges:Mohammed Abdullahi Warsame Patrick Omwenga Kiage Agnes Kalekye Murgor
Location:Nairobi
Other Citations:Nishith Yogendra Patel Legal Representative Of The Deceased Plaintiff Yogendra Purshottam Patel v. Pascale Mireilee Baksh (Nee Patel) & another [2019] eKLR

JUDGMENT OF THE COURT

This appeal and the preceding protracted litigation bear the imprimatur of family and human tragedy brought about by a deficit of honesty, a surrender to greed, a lionization of pride, and a heedless pursuit of egotistical satisfaction at any cost. All that is compounded by the fact that the three parties before us, the children of their fathers - three brothers who are now long dead - rejected outright our entreaties that in the name of family, in the memory of their fathers and for the sake of amity, they ought to do all within their powers to seek an amicable settlement. They would hear none of it and so it falls on us to make ex cathedra pronouncement over some three properties purchased and nurtured to prosperity by their fallen fathers. We think that the intransigence, the absolute refusal to budge or accommodate each other is a present-day exemplification of what Lau Tsu, the ancient Chinese thinker stated back in the 6th Century before Christ;

“There is no …

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