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SHEIKH V. SHEIKH & ANOTHER

(1985) JELR 95605 (CA)

Court of Appeal  •  Civil Appeal 12 of 1984  •  1 Mar 1985  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

JUDGMENT

March 1, 1985, Kneller JA delivered the following Judgment.

Four Sheikh brothers are locked in litigation over two of their companies, City Development and Pickwell Properties. Shakoor and Raoof, in their plaint in September 29, 1982, want Waheed and Hameed to be made to hand back the companies properties which they are said to have fraudulently converted to their own use, to account for their income from and expenditure on them between 1972 and 1980 and render what is due to Shakoor and Raoof, the appointment of a receiver and manager of those properties appointed and their costs. Shakoor and Raoof claim they also act on behalf of Ghafur and Majied who are two more Sheikh brothers.

Shakoor and Raoof are the first and second plaintiffs and Waheed, Hameed, City Development and Pickwell the first, second, third and fourth defendants respectively. Appearances were entered for each of them.

Waheed only, by a motion on notice of November 3, 1981, applied under section 6 of the Arbitra…

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