[2001] KECA 196 (KLR)

[2001] KECA 196 (KLR)

The Court of Appeal allowed the appeal by consent of both parties, recognizing their agreement to set aside the High Court judgment and remit the matter for retrial before a different judge. The court exercised its discretion not to make an order as to costs for the appeal, and left the issue of costs for the High...

Source-derived case information.

Citation
[2001] KECA 196 (KLR)
Parties
Appellant: Joseph Rading Wasambo; Respondent: Western Telecommunications Ltd.
Court
Court of Appeal
Court Station
Court of Appeal at Kisumu
Jurisdiction
Kenya
Case Number
? 145 of 1999
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed by consent; case remitted for retrial before another judge; no order as to costs for the appeal; costs of retrial at trial judge's discretion.
Legal Topics
Appeal Allowance, Remittal for Retrial, Costs Discretion
Source Language
en
Civil Procedure Appeal Allowance Remittal for Retrial Costs Discretion

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Joseph Rading Wasambo

Appellant

Western Telecommunications Ltd.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appeal should be allowed by consent of the parties.
  2. 2 Whether the matter should be remitted for retrial before a different judge.
  3. 3 How costs should be determined in light of the consent.

Ratio Decidendi

The Court of Appeal allowed the appeal by consent of both parties, recognizing their agreement to set aside the High Court judgment and remit the matter for retrial before a different judge. The court exercised its discretion not to make an order as to costs for the appeal, and left the issue of costs for the High Court and any further hearing to the discretion of the trial judge. The decision was grounded in the parties' mutual consent and the court's inherent powers to facilitate fair retrial and just allocation of costs.

Court Disposition

Appeal allowed by consent; case remitted for retrial before another judge; no order as to costs for the appeal; costs of retrial at trial judge's discretion.

Orders

  • The appeal is allowed with no order as to costs.
  • The case is remitted for trial to the superior court before another judge.