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IN RE ESTATE OF GITAU GICHUHI & 5 OTHERS (ALL DECEASED)

(2017) JELR 101508 (CA)

Court of Appeal  •  Civil Appeal 4 of 2017  •  24 Nov 2017  •  Kenya

Coram
George Benedict Maina Kariuki Sankale ole Kantai Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Some enterprising Kenyans who hailed from Dagoretti area near Nairobi came together in the early 1960s and decided to engage in business. They acquired some properties one of which was a parcel of land Title No. Dagoretti/Mutuini/190, on which they established Nyonjoro Slaughterhouse on which they ran the business of slaughtering animals. They later decided to formalize their relationship and executed a Partnership Deed dated 31st March, 1975. That Partnership Deed recognized the partners and their monetary contributions as follows:

Names--Kshs.

Mbai Gatuma 6,620.00

Benard Mburu Gichuhi 5,817.00

Gatheru Mbuto 3,700.00

Bedan Muthondu Machua 3,325.00

Ngugi Magondu 1,525.00

Rodrick Muhoro 1,304.00

Thiru Kiarie Muramba 1,262.00

Mumira Kamau 717.40

Njuguna Muthiora 620.00

Gitau Gichuhi 250.00

It was agreed in the said Deed that the partners would carry on, partake and engage in the business of slaughterhouse proprietors and dealers in and purveyors of meat and all kinds of consuma…

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