[1998] KECA 32 (KLR)
The Court of Appeal held that there was no error in the manner in which the single judge settled the terms of the order pursuant to the judgment of the court. The full bench confirmed the ruling of Shah, J.A., agreeing that the order as settled was correct and required no interference. The reference was therefore...
Source-derived case information.
- Citation
- [1998] KECA 32 (KLR)
- Parties
- Appellant: Gichuhi Kimira; Respondent: Samuel Ngunu Kimotho; Respondent: Simon Mugweru Wathirwa
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 186 of 1995
- Procedural Posture
- Civil Appeal / Reference Against Order Settling Terms of Judgment
- Outcome
- reference dismissed with costs
- Legal Topics
- Settlement of Orders, Appeal Procedure, Reference to Full Bench
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gichuhi Kimira
Appellant
Samuel Ngunu Kimotho
Respondent
Simon Mugweru Wathirwa
Respondent
Procedural Posture
Civil Appeal / Reference Against Order Settling Terms of Judgment
Legal Issues
- 1 Whether the single judge erred in settling the terms of the order pursuant to the judgment of the Court of Appeal.
- 2 Whether there was any basis to interfere with the order as settled by the single judge.
Ratio Decidendi
The Court of Appeal held that there was no error in the manner in which the single judge settled the terms of the order pursuant to the judgment of the court. The full bench confirmed the ruling of Shah, J.A., agreeing that the order as settled was correct and required no interference. The reference was therefore dismissed with costs to the respondents.
Court Disposition
reference dismissed with costs
Orders
- The reference is dismissed with costs.
- The order as settled by Shah, J.A. is approved.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
Civil Appeal 186 of 1995
GICHUHI KIMIRA ………………………………...........................................………………… APPELLANT
AND
SAMUEL NGUNU KIMOTHO…………………......................................……………. 1ST RESPONDENT
SIMON MUGWERU WATHIRWA…………..…......................................…………….2ND RESPONDENT
(Appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Mr. Justice A.M. Akiwumi) delivered on the 6th October, 1989
IN
H.C.C.C. NO. 880 OF 1977
CONSOLIDATED WITH
H.C.C.C. NO. 908 OF 1977)
**********************
RULING OF THE COURT
With due respect to Mr. Muthoga, councel for the applicant in this reference, we cannot see how the learned single judge of this court erred in settling the terms of the order pursuant to the judgment of this court delivered on 28th April, 1998. We confirm the ruling of Shah, J.A. with which we are in agreement. The order is approved as settled by him. This reference is dismissed with costs.
Made at Nairobi this 10th day of December, 1998.
R.S.C. OMOLO
………………………
JUDGE OF APPEAL
P.K. TUNOI
………………………
JUDGE OF APPEAL
E. OWUOR
………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.