PRADEEP PATANI & ANOTHER
V.
SHOBNABEN PANKAJ PATANI & ANOTHER

JUDGMENT OF THE COURT

This appeal is by the brothers PRADEEP PATANI and MAHENDRA PATANI (the appellants) against the judgment of the High Court (Osiemo J) delivered on 30^th April 2003. By that judgment the learned judge awarded the sum of Kshs. 4 million to SHUBNABEN PANKAJ PATANI, (the respondent), the appellant’s sister in law. The judgment was against the appellants jointly and severally.

That judgment and decree was the learned Judge’s determination of a suit filed by the respondent against the appellants. By her plaint dated 30^th October 2001 and filed on 24^th February 2003 the respondent averred that she was a director and one-third shareholder of Crown Metal Company Limited (the company) which, she sued as the 1^st Defendant. The appellants were also directors and one third shareholders each of the company. The gist of her claim against the appellants was captured in paragraph 4 and 5 of the plaint as follows;

“4. At a meeting held on 11^th August 1997 it was agreed by way of a reso…