PRAFULCHANDRA BHARMAL V. CHIEF MAGISTRATE KIBERA, SHURISHCHANDRA BHARMAL, DIRECTOR OF PUBLIC PROSECUTION & NAHUM MULI

JUDGMENT OF THE COURT

1. At the centre of the dispute in this appeal are two brothers, Prafulchandra Bharmal (the appellant) and Shurishchandra Bharmal Shah (the 2^nd respondent). They have been entangled in a long ragging dispute over the ownership of a property known as Land Reference No 209/11/6 situated within Parklands Nairobi (suit property). The record shows the dispute has procrastinated for more than two decades. The parties have attempted to engage arbitrators and some matters were also filed in court to resolve the issue of ownership of the suit property and currently there is a civil suit before the Environment and Land Court being civil case No 114 of 2013. In the said suit, the appellant has sued the 2^nd respondent seeking inter alia orders that the co-ownership in the suit property be dissolved and the property be sold and the proceeds thereof be shared between the appellant and 2^nd respondent as per the shares; that accounts of the rents derived or which ought to have be…