Linda Watiri Muruiki v Neville Patrick Gibson Warren & 3 others [2007] KEHC 2674 (KLR)
- Court
- High Court of Kenya
- Case number
- 2674
- Citation
- [2007] KEHC 2674 (KLR)
- Decided
- 18 June 2007
The court determined that the only factual basis for the determination of the issue is the partnership deed dated 31st October, 1990 and the two letters dated 26th March and 9th April, 1997. The conduct of the parties after the filing of the consent order is not relevant.
Facts
The parties agreed on how to proceed towards disposal of the suit, with the court's role being to determine whether the terms of the Partnership Deed dated 31st October 1990 applied to the partnership between the Plaintiff and the Defendants.
Issues
- Whether the terms of the Partnership Deed dated 31st October 1990 applied to the partnership between the Plaintiff and the Defendants.
Reasoning
The court emphasized that the mandate of the court is clear and unambiguous under clause (a) of the consent, requiring only the partnership deed and the letters for determination.
Outcome
The court ruled that the terms of the Partnership Deed dated 31st October, 1990 applied to the partnership between the Plaintiff and the Defendants.
Orders
- Retirement of the Plaintiff from the partnership.
- Certain payments to be made to the Plaintiff by the Defendants.
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