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REBECCA NYAKERU NYONGO & 2 OTHERS
V.
SIMON KAMAU GITAU

(1997) JELR 93990 (CA)

Court of Appeal 24 Jan 1997 Kenya
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Case Details

Suit Number:Civil Appeal 245 of 1996
Judges:Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire
Location:Malindi
Other Citations:REBECCA NYAKERU NYONGO & 2 others v. SIMON KAMAU GITAU [1997] eKLR

JUDGMENT OF THE COURT

From 1974 upto the 9th July, 1986, Simon Kamau Gitau, the respondent herein, and the late Stephen Nyongo Mutinda were in a partnership for the purposes of business. Stephen Nyongo Mutinda, hereinafter called ''the deceased '' died on the 7th July, 1986. He was survived by three widows, Rebecca Nyakeru Nyongo, Monica Murungi Nyongo and Hannah Wanjiru Nyongo . They are the appellant herein. They obtained letters of administration to the estate of the deceased in 1988. On 30th August, 1993, they filed an originating summons under Order 36 Rule 4 of the Civil Procedure Rules and in that summons, they sought from the High Court three orders, namely:-

1. That the business known as VISITORS INN which had existed between the respondent and the deceased be dissolved;

2. That the accounts of the said business be taken and Profits shared out; and

3. That the respondent ought to transfer to them the Share of the deceased in certain plots known as Plot Nos.17/XVII, MOMBASA/BLOCK …

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