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Arthur Wambugu v. Mwangi Muhoro,Willie Kiritu &Lawrence; Mwangi

(2010) JELR 106846 (CA)

Court of Appeal  •  Civil Appeal 127 of 2004  •  12 Nov 2010  •  Kenya

Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua, Joseph Gregory Nyamu



The appellant (Arthur Wambugu) was the third defendant in a suit instituted by the first respondent (Mwangi Muhoro) against the secondrespondent (Willie Kiritiu as first defendant), the third respondent (Lawrence Mwangi assecond defendant) and the fourth respondent (Makandui Farm Co. Ltd as fourth defendant). The amended plaint claimed that in early 1969 the first respondent with the appellant and the rest of the respondentsagreed to form a partnership for the purchase of a farm known as Land Reference No 9271/1 at Njoro, (the farm)with improvements thereon and livestock and machinery therein, under the name and style of Makandui Farm Company. Each of the proposed partners, was to contribute equally towards the partnership’s immediate capital requirements, which was set at Kshs. 150,000/=. The respective contributions would entitle each partner to become fully paid. However, some of the prospective partners failed to fulfill their pledges of Kshs. 37,500/=, in whi…

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