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REBECCA NYAKERU NYONGO, MONICA MURUNGI NYONGO & HANNAH WANJIRU NYONGO V. SIMON KAMAU GITAU

(1997) JELR 93990 (CA)

Court of Appeal  •  Civil Appeal 245 of 1996  •  24 Jan 1997  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire

Judgement

JUDGMENT OF THE COURT

From 1974 upto the 9th July, 1986, Simon Kamau Gitau, the respondent herein, and the late Stephen Nyongo Mutinda were in a partnership for the purposes of business. Stephen Nyongo Mutinda, hereinafter called ''the deceased '' died on the 7th July, 1986. He was survived by three widows, Rebecca Nyakeru Nyongo, Monica Murungi Nyongo and Hannah Wanjiru Nyongo . They are the appellant herein. They obtained letters of administration to the estate of the deceased in 1988. On 30th August, 1993, they filed an originating summons under Order 36 Rule 4 of the Civil Procedure Rules and in that summons, they sought from the High Court three orders, namely:-

1. That the business known as VISITORS INN which had existed between the respondent and the deceased be dissolved;

2. That the accounts of the said business be taken and Profits shared out; and

3. That the respondent ought to transfer to them the Share of the deceased in certain plots known as Plot Nos.17/XVII, MOMBASA/BLOCK …

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