[2024] KEHC 12748 (KLR)
The court found that the issues raised in this appeal were identical to those already determined in HCCA No. 21 of 2024 between the same parties. As there were no new issues requiring determination, the court exercised its discretion to adopt the judgment in HCCA No. 21 of 2024 as the judgment in this appeal....
Source-derived case information.
- Citation
- [2024] KEHC 12748 (KLR)
- Parties
- Appellant: Bungoma Line Safari Limited; Appellant: Azida Ali Nancha; Respondent: Ignatius Maibo (Suing through next Friend and Father); Respondent: Grace Nyairo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E021 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Appeal
- Outcome
- appeal allowed; lower court suit dismissed; each party to bear own costs; file closed
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Adoption of Judgment, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bungoma Line Safari Limited
Appellant
Azida Ali Nancha
Appellant
Ignatius Maibo (Suing through next Friend and Father)
Respondent
Grace Nyairo
Respondent
Procedural Posture
Civil Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the issues in this appeal are identical to those determined in HCCA No. 21 of 2024.
- 2 Whether the appeal should be allowed and the lower court suit dismissed based on the prior judgment.
Ratio Decidendi
The court found that the issues raised in this appeal were identical to those already determined in HCCA No. 21 of 2024 between the same parties. As there were no new issues requiring determination, the court exercised its discretion to adopt the judgment in HCCA No. 21 of 2024 as the judgment in this appeal. Consequently, the appeal was allowed, the respondent's suit in Kisumu Small Claims Court Claim No. E183 of 2023 was dismissed, and each party was ordered to bear their own costs. The court emphasized the need for judicial economy and consistency in the administration of justice, particularly where duplicative litigation would serve no useful purpose.
Court Disposition
appeal allowed; lower court suit dismissed; each party to bear own costs; file closed
Orders
- The judgment in HCCA No. 21 of 2024 is adopted as the judgment in this appeal.
- The appeal is allowed.
Full Case Text
Judgment text and source record
26 paragraphs
Bungoma Line Safari Limited & another v Maibo (Suing through next Friend and Father) & another (Civil Appeal E021 of 2024) [2024] KEHC 12748 (KLR) (18 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12748 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E021 of 2024
RE Aburili, J
October 18, 2024
Between
Bungoma Line Safari Limited
1st Appellant
Azida Ali Nancha
2nd Appellant
and
Ignatius Maibo (Suing through next Friend and Father)
1st Respondent
Grace Nyairo
2nd Respondent
(An appeal arising out of the Judgment & Decree of the Honourable G. C. Serem (RM) in Kisumu Small Claims Civil Suit No. E183 of 2023 delivered on 28th January 2024)
Ruling
1. I have perused the letter dated 18th October 2024 from the firm of Kimondo Gachoka & Company Advocates for the Appellants. It reveals that this matter is similar in all respects to HCCA No. 21 of 2024 which was heard and determined vide Judgment of 30th September 2024 and the file closed.
2. The Appellant requests for closure of this file as the issues on liability are similar to those in HCCA No. 21 of 2024 which was determined.
3. Accordingly, as there is no new issue to be determined in this appeal in view of the determination in HCCA No. 21 of 2024 Bungoma Line versus Ignatius Maibo, I hereby adopt the Judgment in HCCA No. 21 of 2024 as the Judgment in this appeal, allowing the appeal herein and consequently, dismissing the Respondent’s suit before the lower court in Kisumu Small Claims Court Claim No. E183 of 2023 with an order that each party bear their own costs of the appeal and of the dismissed suit.
4. This file is closed.
5. The lower court file to be returned forthwith.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18THDAY OF OCTOBER, 2024R.E. ABURILIJUDGE