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NISHITH YOGENDRA PATEL v. PASCALE MIREILLE BAKSH & NILESH PRAHLADBHAI PATEL

(2009) JELR 98660 (CA)

Court of Appeal  •  Civil Appli 264 of 2007  •  10 Jul 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki

Judgement

RULING OF THE COURT

There is a glaring abuse of the court process in this matter which this Court will not countenance and consequently, we must strike out the notice of motion before us. We shall explain shortly but, first, an overview of the substance of the matter.

The tussle is between three brothers over ownership of three properties in Nairobi namely: LR. No. 37/243/2, a residential property in Nairobi West, and LR Nos. 4508/2 and 4884/2 (now LR. 12442 and 12826, respectively) both of which are more popularly known as Kigwa Farm, an agricultural property measuring approximately 200 acres. It is common ground that all those properties are registered in the names of the three brothers as tenants in common in equal shares. Two of the brothers however died and were lawfully represented by their personal representatives before the dispute boiled over in 1995; that is to say, Professor Rajnikant Purshottam Patel (Raj) who died in Canada in 1983, and Prahladbhai Purshottam Patel (Prahlad…

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