[2018] KEHC 44 (KLR)
The court accepted the representation by the appellant's counsel that the appeal had been compromised and the judgment of the trial court settled. There being no contrary view or objection from the respondent, the court exercised its discretion to mark the appeal as compromised and settled, with no orders as to...
Source-derived case information.
- Citation
- [2018] KEHC 44 (KLR)
- Parties
- Appellant: Beatrice Akinyi Bunde; Appellant: George Obondo Nyadero; Respondent: Damianus Odalo Oyugi (Suing as a personal representative and legal administrator of the estate of Brian Otieno Odalo)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 6 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Compromise/settlement
- Outcome
- appeal compromised and settled
- Judges
- RE Aburili
- Legal Topics
- Appeal Compromise, Settlement, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Akinyi Bunde
Appellant
George Obondo Nyadero
Appellant
Damianus Odalo Oyugi (Suing as a personal representative and legal administrator of the estate of Brian Otieno Odalo)
Respondent
Procedural Posture
Civil Appeal / Ruling on Compromise/settlement
Legal Issues
- 1 Whether the appeal should be marked as compromised following settlement by the parties.
Ratio Decidendi
The court accepted the representation by the appellant's counsel that the appeal had been compromised and the judgment of the trial court settled. There being no contrary view or objection from the respondent, the court exercised its discretion to mark the appeal as compromised and settled, with no orders as to costs. The file was ordered closed for archiving purposes, reflecting the finality of the compromise between the parties.
Court Disposition
appeal compromised and settled
Orders
- The appeal is marked as compromised and settled.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 6 OF 2018
BEATRICE AKINYI BUNDE....................................................................1ST APPELLANT
GEORGE OBONDO NYADERO..............................................................2ND APPELLANT
VERSUS
DAMIANUS ODALO OYUGI(Suing as a personalRepresentative and legal
Administrator of the estate of the estate of)BRIAN OTIENO ODALO.....RESPONDENT
(Being an appeal from the Judgment and decree of Ukwala Principal Magistrates’ Court
Civil Suit No. 40 of 2017 dated 3. 4.2018before Hon. G. ADHIAMBO – Senior Resident Magistrate)
RULING
1. Both Parties’ advocates were served with notice for direction for today. The Appellant’s Counsel represented by Mr. Okanda advocate present notifies the Court that appeal is compromised and the judgment of the trial Court settled. There is no contrary view. In the premises, I hereby order that the appeal herein is marked as compromised and accordingly, it is hereby marked as settled with no orders as to costs.
2. File is closed for archiving purposes.
Dated, Signed and Delivered at Siaya this 27th Day of November, 2018.
R. E. ABURILI
JUDGE
In the presence of:
Mr. Okanda Counsel holding brief for Mr. L.G. Menezes for the Appellants
N/A for the Respondents
CA: Brenda and Modestar