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Simon Gashwe Mukuha v. Newton Kagira Mukuha

(2016) JELR 94605 (CA)

Court of Appeal  •  Civil Application Nai 12 of 2016  •  14 Jul 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

The matter before us is a notice of motion dated 18th June 2015 filed by Simon Gashwe Mukuha (Simon) seeking an order for striking out a notice of appeal dated 12th November 2014, which was filed by Newton Kagira Mukuha (Newton). Simon and Newton are brothers and sons of the late Peter Mukuha Kago (deceased) who had other sons and daughters. The two are involved in a tussle over the distribution of the estate of the deceased which is still pending before the High Court. The current bone of contention is the shareholding of Naivas Ltd, the well known chain of stores in Kenya (‘the company’). Newton contends that the deceased was a founding shareholder of the company and the shares he held are subject to distribution as part of the estate. Simon on the other hand refutes that contention maintaining that the deceased has no shares in the company and the company has nothing to do with the estate.

A Summons taken out by Newton before the High Court in November 2012 seekin…

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