SALMIN MBARAK,LAABID SAID & UNITED GASSAM ARAB ASSOCIATION V. HADI KARAMA,AWADH MBARAK,AWADH ALYAEU & GASSAM COMMUNITY WELFARE SOCIETY

JUDGMENT OF THE COURT

The appellants, as plaintiffs, sued the respondents in the High Court of Kenya at Mombasa for a declaration that all the properties enumerated in the Plaint are the properties of an association known as the United Gassam Arab Association and that the respondents be ordered to render true and accurate account of all moneys, rent and mesne profits received on account.

The respondents requested further and better particulars from the appellants, which request was ignored. It is pertinent for us to refer to the appellants' letter dated 14th March, 1996 in reply to the request:-

"Your letter of 8th March, 1996 refers.

Please yourselves."

However, on 30th August, 1996 the appellants purported to supply the particulars in the following manner:-

" Particulars: Order VI r 8

a) -This is a matter of evidence

(b)+(c)-The particulars sought can be obtained in the Register of Societies, being public matters whose records are kept by the Registrar.

(d) -No resolution in writing was made…