[2007] KEHC 1236 (KLR)
The appeal was dismissed because the appellant failed to participate in the proceedings before the trial magistrate and did not provide any evidence or testimony for the trial court to consider. As a result, the appellate court found no basis to identify errors or misdirections in the trial magistrate's judgment....
Source-derived case information.
- Citation
- [2007] KEHC 1236 (KLR)
- Parties
- Appellant: Kenya Shield Security Limited; Respondent: Dismass Mauti Sangae; Respondent: Attorney General of Kenya; Respondent: Family Life Counselling Association of Kenya; Respondent: James Mundia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 334 of 2003
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- JM Khamoni
- Legal Topics
- Appeals Process, Failure to Attend Hearing, Judgment Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Shield Security Limited
Appellant
Dismass Mauti Sangae
Respondent
Attorney General of Kenya
Respondent
Family Life Counselling Association of Kenya
Respondent
James Mundia
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial magistrate erred in dismissing the appellant's case in the absence of the appellant's participation.
- 2 Whether the grounds of appeal raised by the appellant disclose any misdirection or error by the trial magistrate.
Ratio Decidendi
The appeal was dismissed because the appellant failed to participate in the proceedings before the trial magistrate and did not provide any evidence or testimony for the trial court to consider. As a result, the appellate court found no basis to identify errors or misdirections in the trial magistrate's judgment. The appellate court emphasized that it cannot substitute its own views for those of the trial court where the appellant did not present their case at the trial stage, and thus, the grounds of appeal lacked merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT NAIROBI (MILIMANI LAW COURTS)
CIVIL APPEAL 334 OF 2003
(Appeal from the Judgment of Chief Magistrate Mrs. H. A. Omondi delivered on 24. 1.2003 in CMCC No.3445 of 2002 Milimani Chief Magistrate’s Court)
KENYA SHIELD SECURITY LIMITED …………...............……..……… P.LAINTIFF
VERSUS
DISMASS MAUTI SANGAE ………………….…...........….……… 1ST DEFENDANT
ATTORNEY GENERAL OF KENYA.........……............…….….… 2ND DEFENDANT
FAMILY LIFE COUNSELLING ASSOCIATION OF KENYA........3RD DEFENDANT
JAMES MUNDIA ………………….………………………………... 4TH DEFENDANT
JUDGMENT
The Appellant was dissatisfied with the judgment dated 24th January, 2003 and has told the court that he is appealing against the whole of the said judgment and has listed seven grounds of appeal. Although the appeal herein is supported by the second Respondent against whom the learned Chief Magistrate in this matter had dismissed the case, the record before the Chief Magistrate shows that the Appellant before me now did not care to appear in the subordinate court to challenge the First Respondent’s case and give his version of the story.
What the Appellant is saying in this appeal through his learned counsel therefore appears to be what the Appellant was supposed to say and be cross-examined upon before the trial magistrate and that being the position, I have nothing from the mouth of the Appellant or his counsel in the subordinate to compare with what they are telling me now. As such, I cannot justifiably see the errors and the misdirections which the Appellant is alleging against the learned Magistrate in relation to the Appellant’s case.
In the circumstances, I do not find merits in the Appellant’s appeal herein and do dismiss the appeal in its entirety.
Dated and delivered at Nairobi this 5th day of December, 2007.
J. M. KHAMONI
JUDGE