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Kibutiri v. Kibutiri

(1983) JELR 99851 (CA)

Court of Appeal  •  Civil Appeal 30 of 1982  •  10 Feb 1983  •  Kenya

Coram
Eric John Ewen Law, Alan Robin Winston Hancox, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law, Potter JJA and Hancox Ag JA

CIVIL APPEAL NO. 30 OF 1982 )

KIBUTIRI....................................................APPELLANT

AND

KIBUTIRI..................................................RESPONDENT

JUDGMENT

This appeal arises out of proceedings instituted by way of an originating summons taken out under order XXXVI rule 4, by two plaintiffs against a defendant, all of whom are the partners in a firm known as Kiambaa Young Farmers, praying for the determination of the following questions:

“By his conduct is the defendant entitled to continue as a partner in the said firm.

If he is not entitled to continue as a partner, are the applicants entitled to carry on the partnership thereof.

In the event of the defendant being retired from the partnership, what if any share is he entitled to.

Who shall be responsible for the costs in this matter.”

The procedure by way of originating summons is intended:

“to enable simple matters to be settled by the court wit…

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