judy.legal
Login Register
๐Ÿ“„ PDF

NISHITH YOGENDRA PATEL LEGAL REPRESENTATIVE OF THE DECEASED PLAINTIFF YOGENDRA PURSHOTTAM PATEL V. PASCALE MIREILEE BAKSH (NEE PATEL) & ANOTHER

(2019) JELR 93505 (CA)

Court of Appeal  •  Civil Appeal 189 of 2007  •  10 May 2019  •  Kenya

Coram
Mohammed Abdullahi Warsame Patrick Omwenga Kiage Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This appeal and the preceding protracted litigation bear the imprimatur of family and human tragedy brought about by a deficit of honesty, a surrender to greed, a lionization of pride, and a heedless pursuit of egotistical satisfaction at any cost. All that is compounded by the fact that the three parties before us, the children of their fathers - three brothers who are now long dead - rejected outright our entreaties that in the name of family, in the memory of their fathers and for the sake of amity, they ought to do all within their powers to seek an amicable settlement. They would hear none of it and so it falls on us to make ex cathedra pronouncement over some three properties purchased and nurtured to prosperity by their fallen fathers. We think that the intransigence, the absolute refusal to budge or accommodate each other is a present-day exemplification of what Lau Tsu, the ancient Chinese thinker stated back in the 6th Century before Christ;

โ€œThere is no โ€ฆ

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login