[2022] KEHC 615 (KLR)
The court found that the consent filed by the parties, duly signed by their advocates, was valid and binding. The consent specifically reduced the award on damages for loss of dependency to Kshs. 700,000 and provided that there would be no order as to costs. The court adopted the consent as an order, thereby...
Source-derived case information.
- Citation
- [2022] KEHC 615 (KLR)
- Parties
- Appellant: Charles Chesseto; Respondent: Mercy Akinyi Otieno (Suing as the Personal Representative of the Estate of Tyra Judith Achieng-Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E001 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Consent to Settle Appeal
- Outcome
- Appeal settled by consent; file closed.
- Judges
- RE Aburili
- Legal Topics
- Damages Assessment, Loss of Dependency, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Chesseto
Appellant
Mercy Akinyi Otieno (Suing as the Personal Representative of the Estate of Tyra Judith Achieng-Deceased)
Respondent
Procedural Posture
Civil Appeal / Ruling on Consent to Settle Appeal
Legal Issues
- 1 Whether the parties' consent on the reduction of damages for loss of dependency should be adopted as an order of the court.
- 2 Whether the appeal should be marked as settled based on the consent.
Ratio Decidendi
The court found that the consent filed by the parties, duly signed by their advocates, was valid and binding. The consent specifically reduced the award on damages for loss of dependency to Kshs. 700,000 and provided that there would be no order as to costs. The court adopted the consent as an order, thereby settling the appeal in its entirety. The court further ordered that the consent order be extracted and filed in the lower court file, which should be resubmitted to the Bondo Principal Magistrate’s Court. The appeal was marked as settled and the file closed, reflecting the finality of the parties' agreement and the court's endorsement of the same.
Court Disposition
Appeal settled by consent; file closed.
Orders
- The award on damages for loss of dependency is reduced to Kshs. 700,000.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Chesseto v Mercy Akinyi Otieno (Suing as the Personal Representative of the Estate of Tyra Judith Achieng-Deceased) (Civil Appeal E001 of 2022) [2022] KEHC 615 (KLR) (27 April 2022) (Ruling)
Neutral citation: [2022] KEHC 615 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Appeal E001 of 2022
RE Aburili, J
April 27, 2022
Between
Charles Chesseto
Appellant
and
Mercy Akinyi Otieno (Suing as the Personal Representative of the Estate of Tyra Judith Achieng-Deceased)
Respondent
(An Appeal arising from Judgment of Hon. J.P. Nandi, Principal Magistrate delivered on 2nd December 2021 in Bondo PMCC No. 54 of 2020)
Ruling
1. I have read the consent filed in court on 24/3/2022 and dated 16/3/2022 signed by Ouma Njoga and Company Advocates and Odongo Awino and Company Advocates to the effect that, “The award on damages for loss of dependency is hereby reduced to Kshs. 700,000/= and that there shall be no order as to costs”.
2. The said consent is hereby adopted as an order of this court settling this appeal, as between the parties.
3. Accordingly, this appeal is marked as settled and the file is closed. The consent order to be extracted and a copy filed in the lower court file which should be resubmitted to the lower court in Bondo Principal Magistrate’s Court.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF APRIL, 2022R.E. ABURILIJUDGE