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Radhabai Shivji Bhanderi (Suing as administrator of Shivji Ramji Bhanderi (Deceased) v. Jyotibala A. Desai, Sumant A. Desai & Rose Holdings Limited

(2018) JELR 94026 (CA)

Court of Appeal  •  Civil Appeal 159 of 2016  •  2 Feb 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This appeal arises from a judgment that was delivered in the High Court (Odunga, J) following a suit that was filed by Radhabai Shivji Bhanderi suing as the administrator of the estate of Shivji Bhanderi (deceased) who is now the appellant before us. The appellant had sued Jyotibala A. Desai, Sumant A. Desai, Rose Holdings Limited who are the 1st, 2nd and 3rd respondents respectively, and the Junction Limited.

[2] The subject of the suit was the shareholding and management of the company (hereinafter referred to as “the company”) . The appellant maintained that the estate of the deceased owned 50% of the shareholding in the company in accordance with the will of the deceased who was formerly holding the shares. The appellant further claimed that since the death of the deceased, the 1st and 2nd respondents who are husband and wife have taken total control of the assets of the company and have disposed of some assets of the company to the exclusion of the estate.…

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