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(1983) JELR 99851 (CA)

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

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



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 without the expense of bringing an action in the usual way, not to enable the court to determine matters which involve a serious question.”

This was said in Re Giles (2) [1890] 43 Ch D 391, a decision cited with approval by this court’s predeces…

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