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Kiai Mbaki, Waweru Mugo & Thiong'o Kiunga v. Gichuhi Macharia & Duncan Mwaura

(2005) JELR 99860 (CA)

Court of Appeal  •  Civil Appeal 178 of 2002  •  16 Sep 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

Although this appeal turns on the short issue whether the appellants were afforded a fair hearing before the superior court, it is pertinent to relate, albeit briefly, the background to the appeal. Some 42 years ago at the dawn of our independence in 1963, 21 persons pooled their resources in partnership and purchased a prime property in the centre of Nairobi City known as “Terrace Hotel” on LR. No. 209/8012. Among them were the five protagonists in this appeal, who do not purport to be acting in any representative capacity for the other partners. It is common ground that the management of the partnership business in Terrace Hotel was entrusted to one of the partners Gichuhi Macharia, the 1st respondent. The hotel had boarding and lodging facilities, and it would appear from available records that the business did so well that the profits made from it were used to purchase two other prime commercial properties: a block of residential flats in Mbotela Estate on LR.…

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