[2002] KECA 250 (KLR)
The Court of Appeal held that the High Court erred by granting relief and entering judgment on the basis of a pleading that did not pray for such relief. This amounted to no judgment in law, as relief must be founded on matters specifically pleaded. The appellate court found that the judgment and decree of the High...
Source-derived case information.
- Citation
- [2002] KECA 250 (KLR)
- Parties
- Appellant: Evans Gundo; Respondent: Naftali Sule
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 234 of 1999
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Pleadings, Relief Not Prayed for, Judgment on Unpleaded Issues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Gundo
Appellant
Naftali Sule
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court erred by granting relief and judgment on a basis not pleaded by the parties.
Ratio Decidendi
The Court of Appeal held that the High Court erred by granting relief and entering judgment on the basis of a pleading that did not pray for such relief. This amounted to no judgment in law, as relief must be founded on matters specifically pleaded. The appellate court found that the judgment and decree of the High Court could not stand and must be set aside. The matter was remitted to the High Court for a new trial before a different judge, in accordance with the rules of procedure, to ensure that justice is done on the basis of properly pleaded issues.
Court Disposition
appeal allowed
Orders
- The appeal is allowed with costs.
- The decree of the superior court is set aside.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT KISUMU (CORAM: KWACH, LAKHA & OWUOR, JJ.A.)CIVIL APPEAL NO. 234 OF 1999 BETWEENEVANS GUNDO ..............................................APPELLANTANDNAFTALI SULE ............................................RESPONDENT(Appeal from the Judgment and Decree of the High Court of Kenya at Kisumu (Justice Wambilyangah) dated the 23rd day of February, 1999inH.C.C.C. NO. 251 OF 1998)****************JUDGMENT OF THE COURT Having briefly heard the advocates for the parties, we are satisfied that the Court granted relief and gave judgment on the basis of a pleading which did not pray for the same.
This amounted to no judgment - relief on the basis of matters not pleaded. The appeal is, therefore, allowed with costs, the decree of the superior court is set aside and the case is puremitted to the superior court for a new trial on a priority basis before another judge rsuant to rule 31 of the Rules of this Court.Dated and delivered at Kisumu this 13th day of March, 2002. R.O. KWACH ................... JUDGE OF APPEAL A.A. LAKHA .................. JUDGE OF APPEAL E. OWUOR ................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR