Sultanali P. Molu & another v Kenya Railways Corporation & another [2002] KEHC 1206 (KLR)
- Court
- High Court of Kenya
- Case number
- 1206
- Citation
- [2002] KEHC 1206 (KLR)
The death of the second plaintiff does not dissolve the partnership and the suit does not abate. The first plaintiff is allowed to amend the plaint to continue the suit.
Facts
The second plaintiff, George Allan Drew, died on 31st January 2000. He was a partner in the business of Island Properties with the first plaintiff, Sultanali Pyrali Molu. The first plaintiff is now the sole partner and continues the business.
Issues
- Whether the death of the second plaintiff dissolved the partnership and abated the suit
- Whether the amendments proposed in the amended plaint are within the scope of the Chamber Summons
Reasoning
The partnership continues for the purpose of completing pending transactions and winding up the business. The estate of the deceased partner has no interest in the business, allowing the remaining partner to continue the suit.
Outcome
The application is granted in terms of both prayers. The death of the second plaintiff is entered in the court records. The first plaintiff is allowed to amend the plaint and file it within seven days. The second respondent will bear the costs of the application.
Orders
- Entry of death of the second plaintiff
- Leave to amend the plaint
- First plaintiff to file amended plaint within seven days
Remedies
- Costs of the application to be borne by the second respondent
Authorities cited
Legislation (2)
- Partnership Act Chapter 29
- Section 43, 44, 46 and 47 of the Partnership Act
Cases cited (1)
- Halburys Laws of England Volume 35 Fourth Edition
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