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PURSHOTAM RAMJI KOTECHA & BHAGWANJI NARSHIDAS KOTECHA V. NARANDAS RANCHODDAS PAU & SIMEON KIPTUM ARAP CHOGE

(2006) JELR 96402 (CA)

Court of Appeal  •  Civil Appeal 86 of 2003  •  15 Dec 2006  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The records availed to us in this appeal show that the first and second appellants, Purshotam Ramji Kotecha and Bhagwanji Narshidas Kotecha respectively were, together with the first and second respondents Narandas Ranchoddas Pau and Simon Kiptum arap Choge respectively partners in the business enterprise known as New Bunyore Jaggery Company which they purchased from one Wilson E.C. Mukuna in the year 1978. The shares each held in the same partnership or for that matter, who contributed what towards the same partnership and whether any or some of them indeed contributed anything towards the same partnership business are matters in dispute. Because of what will be clear in this judgment later, we will not comment on the same save to say that a dispute arose as to the conduct of that business particularly on the allegation that the appellants failed and/or refused to render accounts of the partnership to the respondents and that dispute ended up in the superior cour…

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