[2024] KEHC 1347 (KLR)
The court found that the omission to address funeral expenses in its earlier judgment constituted an error apparent on the face of the record. Since the trial court had awarded funeral expenses and this was not disturbed on appeal, the High Court held that the award should be included in the judgment, but subject to...
Source-derived case information.
- Citation
- [2024] KEHC 1347 (KLR)
- Parties
- Appellant: Cherangani Hills Limited; Appellant: John Kimtai Kiboi; Respondent: Miriam Chetech Rashid; Respondent: Patrick Githongothi Ng’ang’a
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E003 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Application for Review of Judgment
- Outcome
- application for review allowed in part
- Judges
- AC Mrima
- Legal Topics
- Review of Judgment, Funeral Expenses, Apportionment of Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cherangani Hills Limited
Appellant
John Kimtai Kiboi
Appellant
Miriam Chetech Rashid
Respondent
Patrick Githongothi Ng’ang’a
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the court omitted to address the issue of funeral expenses in its judgment.
- 2 Whether funeral expenses awarded by the trial court should be subjected to the 50% liability apportionment found on appeal.
Ratio Decidendi
The court found that the omission to address funeral expenses in its earlier judgment constituted an error apparent on the face of the record. Since the trial court had awarded funeral expenses and this was not disturbed on appeal, the High Court held that the award should be included in the judgment, but subject to the 50% liability apportionment as previously determined. The application for review was therefore merited and allowed to the extent that the judgment was amended to include the funeral expenses, apportioned as per the court's finding on liability. Each party was ordered to bear its own costs of the application.
Court Disposition
application for review allowed in part
Orders
- Order 2 of the judgment delivered on 31st May, 2023 is amended to include an award of Kshs. 50,000 as funeral expenses, subject to 50% contribution.
- Each party shall bear its own costs of the application.
Full Case Text
Judgment text and source record
26 paragraphs
Cherangani Hills Limited & another v Rashid & another (Suing as the Personal Representatives of the Estate of Njinrius Mwangi Ng’ang’a - Deceased) (Civil Appeal E003 of 2022) [2024] KEHC 1347 (KLR) (17 January 2024) (Ruling)
Neutral citation: [2024] KEHC 1347 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Civil Appeal E003 of 2022
AC Mrima, J
January 17, 2024
Between
Cherangani Hills Limited
1st Appellant
John Kimtai Kiboi
2nd Appellant
and
Miriam Chetech Rashid
1st Respondent
Patrick Githongothi Ng’ang’a
2nd Respondent
Suing as the Personal Representatives of the Estate of Njinrius Mwangi Ng’ang’a - Deceased
Ruling
1. This ruling relates to a Notice of Motion dated 10th July, 2023. The application was taken out by the Respondents. It sought to review the judgment of this Court rendered on 31st May, 2023.
2. The reason for the application was that this Court did not address the issue of funeral expenses which had been granted by the trial Court and was subject of the appeal.
3. Parties filed submissions on the application.
4. The Respondents did not oppose the application. They, however, prayed that the funeral expenses be subjected to the 50% liability as found on appeal.
5. The application is duly considered. Since the funeral expenses were allowed by the trial Court and were subject of the appeal, it goes without say that such be allowed subject to 50% contribution.
6. Therefore, the application is hereby merited in the following terms: -a.Order 2 of the judgment in this appeal delivered on 31st May, 2023 shall include the award of Kshs. 50,000/= which amount shall be subject to 50% contribution.b.Each party shall bear its own costs.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 17TH DAY OF JANUARY, 2024. A. C. MRIMAJUDGERuling No. 1 delivered virtually and in the presence of:Miss. Masinde, Learned Counsel for the Applicants/Original Appellants.Mr. Onyinkwa, Learned Counsel for the Respondents/Original Appellants.Juma/Hellen – Court Assistants.