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SHANTILAL KHIMJI SHAH V. THAKORBHAI NANALAL PATEL,PRABHAKARBHAI JIVANBHAI PATEL & NARENDRA RATANBHAI PATEL

(1986) JELR 94293 (CA)

Court of Appeal  •  Civil Appeal 2 of 1984  •  9 Jul 1986  •  Kenya

Coram
John Mwangi Gachuhi, Harold Grant Platt, Alister Arthur Kneller

Judgement

JUDGMENT OF KNELLER, J A

Mehta Patel and Company is or was a partnership that has carried on the business of accountants in Nairobi since 1925. Some of its elderly partners retired in early 1978 leaving behind Thakorbhai Nanalal Patel, a son of the founder partner, and Prabhakarbhai Jivanhbai Patel, his nephew, the first and second respondents, who brought in Narendra Ratanbhai Patel, the third respondent, and Shantilal Khimji Shah, the appellant, and then there were four partners.

The respondents and the appellant signed a deed of partnership on February 15, 1978.

Each respondent gave notice to the other three, Thakarbhai on April 6, Prabhakarbhai on April 9 and Narendra on April 9 all of 1979, under section 36(1)(c) of the Partnership Act (cap 29) the Act that each wished to dissolve that partnership from April 30, 1979, that the partnership under the firm name of Mehta Patel and Company would be dissolved from April 30,1979 and each would like to know how the others proposed to settleā€¦

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