[2023] KEHC 19111 (KLR)
The High Court's jurisdiction in this matter is strictly confined to the mandate set by the Court of Appeal, which is to take additional evidence from the plaintiff regarding future medical treatment and submit it to the Court of Appeal. The High Court is not to make any ruling or determination on the merits of the...
Source-derived case information.
- Citation
- [2023] KEHC 19111 (KLR)
- Parties
- Plaintiff: Pitty Gathigia Baaru; Plaintiff: J. Gacheru Ndugi; Defendant: Kenya Bus Service Limited (also known as Stage Coach Bus International); Defendant: Charles Obiero Ogola
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 154 of 1999
- Procedural Posture
- Civil Case / Directions After Remittal From Court of Appeal for Additional Evidence
- Outcome
- Directions issued; High Court to submit additional evidence to Court of Appeal without making a ruling.
- Judges
- AN Ongeri
- Legal Topics
- Additional Evidence, Remittal Procedure, Appellate Mandate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pitty Gathigia Baaru
Plaintiff
J. Gacheru Ndugi
Plaintiff
Kenya Bus Service Limited (also known as Stage Coach Bus International)
Defendant
Charles Obiero Ogola
Defendant
Procedural Posture
Civil Case / Directions After Remittal From Court of Appeal for Additional Evidence
Legal Issues
- 1 Whether the High Court's mandate is limited to taking additional evidence as directed by the Court of Appeal.
- 2 Whether the High Court should make a ruling on the additional evidence or simply submit it to the Court of Appeal.
Ratio Decidendi
The High Court's jurisdiction in this matter is strictly confined to the mandate set by the Court of Appeal, which is to take additional evidence from the plaintiff regarding future medical treatment and submit it to the Court of Appeal. The High Court is not to make any ruling or determination on the merits of the additional evidence. The submissions by the respondent seeking a ruling on the evidence are overruled, and the additional evidence, having been typed, is to be forwarded to the Court of Appeal through a supplementary record of appeal as per the appellate court's directions.
Court Disposition
Directions issued; High Court to submit additional evidence to Court of Appeal without making a ruling.
Orders
- The additional evidence taken by the High Court is to be submitted to the Court of Appeal forthwith through a supplementary record of appeal.
- The High Court declines to make any ruling on the additional evidence as its mandate is limited to taking and forwarding the evidence.
Full Case Text
Judgment text and source record
26 paragraphs
Baaru & another v Kenya Bus Service Limited (also known as Stage Coach Bus International) & another (Civil Case 154 of 1999) [2023] KEHC 19111 (KLR) (Civ) (21 June 2023) (Directions)
Neutral citation: [2023] KEHC 19111 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Case 154 of 1999
AN Ongeri, J
June 21, 2023
Between
Pitty Gathigia Baaru
1st Plaintiff
J. Gacheru Ndugi
2nd Plaintiff
and
Kenya Bus Service Limited (also known as Stage Coach Bus International)
1st Defendant
Charles Obiero Ogola
2nd Defendant
Directions
1)The Court of Appeal in its ruling dated July 19, 2019 referred this case back to the High Court only for purpose of taking additional evidence from the plaintiff in respect of future medical treatment.
2)The ruling specifically stated as follows in paragraph 21“(i)This matter be listed before the High Court for purposes of taking the additional evidence.(ii)The applicant to adduce the additional evidence before the High Court and the respondent to be at liberty to cross-examine and test the veracity of the additional evidence.”
3)The application dated November 13, 2018 was made under rules 29,42(1) (20) and 43(1) of theCourt of Appeal.Rule 29(i) states as follows,“29(i) on any appeal from the decision of the superior court acting in the exercise of its original jurisdiction, the court shall have powera)To re-appraise the evidence and to draw inference of facts, andb)In its discretion, for sufficient reason, to take additional evidence or to direct that additional evidence be taken by the trial court or by a commissioner.”
4)I find that the mandate of this court is to take the additional evidence and to submit the same to the Court of Appeal where the case is pending appeal.
5)I accordingly overrule Mr Mereka’s submissions seeking that this court makes a ruling on the evidence adduced.
6)Since the additional evidence has been typed, I direct that the same be submitted to the Court of Appeal forthwith as directed in the ruling dated July 19, 2019 through a supplementary record of appeal.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 21ST DAY OF JUNE, 2023. .................................A. N. ONGERIJUDGEIn the presence of:................................... for the 1st Plaintiff................................... for the 2nd Plaintiff................................... for the 1st Defendant................................... for the 2nd Defendant