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Shah & 2 others v. Shah & 2 others

(1982) JELR 94747 (CA)

Court of Appeal  •  Civil Appeal 34 of 1981  •  26 Aug 1982  •  Kenya

Coram
Eric John Ewen Law, Alister Arthur Kneller, Cecil Henry Ethelwood Miller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law, Miller JJA and Kneller Ag JA)

CIVIL APPEAL NO. 34 1981

Between

SHAH and 2 OTHERS........................................APPELLANTS

AND

SHAH and 2 OTHERS........................................RESPONDENTS

JUDGMENT

Law JA By an originating summons dated November 8, 1978, taken out under section 91 of the Probate and Administration Act, the three plaintiffs, who are resident in England, and are beneficiaries under the will of their deceased father, Ranmal Virpar Shah, sued the three defendants in their capacity as executors and trustees of the will, praying that a sale of one third share of land and building in Nairobi, part of the deceased’s estate, the first and second defendants being the purchasers and the three defendants the vendors, be declared null and void and the assignment of the said property registered in the Land Registry at Nairobi be set aside and cancelled and for consequential reliefs.

On February 22, 1979, by chamber summons stated …

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