Case ID:175703

Kaihu Karugo v Kamau Njigua & 5 others [2021] eKLR

Case Metadata

Case Number:

Civil Case 90 of 2010 (OS)

Parties:

Kaihu Karugo v Kamau Njigua, Monicah Muthoni Mwangi, Wambui Kahoreria, Muguru Mwangi, Priscilla Wambui Ngugi & Wambugu Njuru (All Trading as Kenda Boarding & Lodging)

Date Delivered:

24 May 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Aggrey Otsyula Muchelule

Citation:

Kaihu Karugo v Kamau Njigua & 5 others [2021] eKLR

Court Division:

Family

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

CIVIL CASE NO. 90 OF 2010 (OS)

KAIHU KARUGO.......................PLAINTIFF/APPLICANT

VERSUS

KAMAU NJIGUA....................................1

ST

DEFENDANT

MONICAH MUTHONI MWANGI........2

ND

DEFENDANT

WAMBUI KAHORERIA.........................3

RD

DEFENDANT

MUGURU MWANGI.............................4

TH

DEFENDANT

PRISCILLA WAMBUI NGUGI.............5

TH

DEFENDANT

WAMBUGU NJURU..............................6

TH

DEFENDANT

(ALL TRADING AS KENDA BOARDING & LODGING)

RULING

1. In the judgment delivered on 5

th

October 2018 in this originating summons, Justice W. Musyoka found that the parties herein were partners, and the plaintiff had issued a notice of termination of the partnership. The court ordered the winding up of the partnership, and asked that the partnership property be valued and sold and the proceeds be shared among the partners proportionate to their respective shares.

2. There is disagreement on the value of the assets. This is because the three valuers who valued the property each returned a different valuation. There is also disagreement on who will source for the buyers, whether a commission shall be paid to those sourcing, and how the liabilities (including payment to respective advocates) shall be done. Further, some properties’ title documents have either been misplaced or lost and for others leases have expired and have not been renewed. Lastly, the application does not mention Nyamu Muchunu who was one of the partners but has since died.

3. In the wider interest of justice, and being cognisant of

Article

159(2)(c)

of the Constitution, I refer this matter to Court Annexed Mediation for the parties to discuss these issues and be helped to reach a mutually beneficial resolution.

4. The Deputy Registrar is hereby directed to enable the mediation. Mention shall be on

26

th

July 2021

.

DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 24

TH

DAY OF MAY 2021.

A.O. MUCHELULE

JUDGE