Kaihu Karugo v Kamau Njigua, Monicah Muthoni Mwangi, Wambui Kahoreria, Muguru Mwangi, Priscilla Wambui Ngugi & Wambugu Njuru (All Trading as Kenda Boarding & Lodging) [2021] KEHC 12919 (KLR) | Partnership Dissolution | Esheria

Kaihu Karugo v Kamau Njigua, Monicah Muthoni Mwangi, Wambui Kahoreria, Muguru Mwangi, Priscilla Wambui Ngugi & Wambugu Njuru (All Trading as Kenda Boarding & Lodging) [2021] KEHC 12919 (KLR)

Full Case Text

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....................................1ST DEFENDANT MONICAH MUTHONI MWANGI........2ND DEFENDANT WAMBUI KAHORERIA.........................3RD DEFENDANT MUGURU MWANGI.............................4TH DEFENDANT PRISCILLA WAMBUI NGUGI.............5TH DEFENDANT WAMBUGU NJURU..............................6TH DEFENDANT

(ALL TRADING AS KENDA BOARDING & LODGING)

RULING

1. In the judgment delivered on 5th 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 26th July 2021.

DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 24TH DAY OF MAY 2021.

A.O. MUCHELULE

JUDGE