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1943 Supreme(SC) 25

Hanna Eissa Kawas – Appellant
Versus
Bishara Elias Kawas and others – Respondent


Advocates Appeared:
Brown, Windsor, T.L. Wilson and Co., Phincas Quass, S.A. Kyffin, C.S. Rewcastle

Lord Macmillan.-

This is an appeal by the defendant in an action against him by the widow and two sons of his deceased brother in which they claim from the defendant an account of the transactions of a business carried on in Honduras by the defendant in partnership with the deceased and another brother, whose share was acquired by the defendant. Payment is also claimed of the deceased's share in the partnership assets as the same may be ascertained from the accounts. The case was contested by the defendant on various grounds but the only defence with which their Lordships are concerned is founded on an agreement dated 10th March 1925, made between the appellant on the first part and one Shaheen and the deceased's widow of the second part, in which the second parties are described as the legal guardians of the deceased's two sons then in minority "by virtue of a legal certificate of guardianship emanating from the Ecclesiastical Orthodox Court of Jerusalem." By this document it was agreed that the share of the widow in the partnership assets amounted to £250 and that of the two minor children to £1750. The agreement contained provisions relating to the manner of payment of these sums







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