REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
civ app 51 of 83
JOSEPH NDUNGU ............................................ APPELLANT
AND
ONESMUS MBUGUA ...................................... RESPONDENT
(Appeal from the judgement of the High Court of Kenya at Nakuru (Masime, J) dated 28th April, 1983
In
Civil Suit No 164 of 1977
JUDGEMENT OF MADAN, J A
The respondent filed a suit against the appellant for accounts of the partnership between them to be taken, and impliedly or upon amendment, for all the usual necessary orders subsequently thereupon . At the request of the parties the learned judge recorded a consent order for the taking of the accounts including in particular the sum of shs. 43,000/= the proceeds of two cheques withdrawn by the appellant from the partnership account, by their advocates whose joint findings were to be final and binding upon them. The advocates reported back to the court that there were no accounts which could be taken as there were none, and the only issue left…