[2002] KECA 258 (KLR)

[2002] KECA 258 (KLR)

The Court of Appeal found that the circumstances justified a review of the Deputy Registrar's exercise of discretion. Persuaded by the arguments of the respondent's counsel, the court determined that the balance due should be reduced to K.Shs. 63,734. The court further exercised its discretion to make no order as to...

Source-derived case information.

Citation
[2002] KECA 258 (KLR)
Parties
Appellant: Evanson Gitau; Respondent: R & K Investments Ltd
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal 182 of 1998
Procedural Posture
Civil Appeal / Ruling on Reference From Deputy Registrar's Decision
Outcome
balance reduced; no order as to costs
Legal Topics
Review of Registrar Decision, Discretion of Court, Costs Orders
Source Language
en
Civil Procedure Review of Registrar Decision Discretion of Court Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Evanson Gitau

Appellant

R & K Investments Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Reference From Deputy Registrar's Decision

Legal Issues

  1. 1 Whether the Deputy Registrar's exercise of discretion should be reviewed by the Court of Appeal.
  2. 2 Whether the balance due should be reduced as argued by the respondent's counsel.
  3. 3 Whether costs should be awarded for attendance on the reference.

Ratio Decidendi

The Court of Appeal found that the circumstances justified a review of the Deputy Registrar's exercise of discretion. Persuaded by the arguments of the respondent's counsel, the court determined that the balance due should be reduced to K.Shs. 63,734. The court further exercised its discretion to make no order as to costs for attendance on the reference, indicating that each party should bear its own costs for this application. The ruling demonstrates the appellate court's willingness to intervene where the lower court's or registrar's discretion is shown to have been exercised on improper grounds or where justice so demands.

Court Disposition

balance reduced; no order as to costs

Orders

  • The balance due is reduced to K.Shs. 63,734.
  • No order as to costs for attendance on this reference.