[2022] KECA 601 (KLR)
The Court of Appeal determined that since both parties agreed that the facts and issues in this appeal were identical to those in Civil Appeal No. 17 of 2018, and consented to the application of the outcome of that appeal, it was proper to allow this appeal, set aside the High Court judgment, and affirm the trial...
Source-derived case information.
- Citation
- [2022] KECA 601 (KLR)
- Parties
- Appellant: Esther M. Lusasi (Suing as the legal Representative of the Estate of Samuel Lusasi-Deceased); Respondent: APA Insurance Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 18 of 2018
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- PO Kiage, M Ngugi, F Tuiyott
- Legal Topics
- Appeal From High Court, Insurance Claims, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther M. Lusasi (Suing as the legal Representative of the Estate of Samuel Lusasi-Deceased)
Appellant
APA Insurance Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the judgment of the High Court should be set aside in light of the outcome in a related appeal.
- 2 Whether the trial court's judgment in Winam SRMCC NO. 518 of 2006 should be affirmed.
Ratio Decidendi
The Court of Appeal determined that since both parties agreed that the facts and issues in this appeal were identical to those in Civil Appeal No. 17 of 2018, and consented to the application of the outcome of that appeal, it was proper to allow this appeal, set aside the High Court judgment, and affirm the trial court's decision. The court's reasoning was grounded in the principle of judicial economy and consistency, as well as the binding effect of consent orders between parties. The court thus ordered that the judgment in Civil Appeal No. 17 of 2018 be applied to this case, resulting in the allowance of the appeal and the restoration of the trial court's judgment in favor of the...
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- The judgment of the High Court dated 23rd November, 2017 is set aside.
Full Case Text
Judgment text and source record
18 paragraphs
Lusasi (Suing as the legal Representative of the Estate of Samuel Lusasi-Deceased) v APA Insurance Limited (Civil Appeal 18 of 2018) [2022] KECA 601 (KLR) (27 May 2022) (Judgment)
Neutral citation: [2022] KECA 601 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Appeal 18 of 2018
PO Kiage, M Ngugi & F Tuiyott, JJA
May 27, 2022
Between
Esther M. Lusasi (Suing as the legal Representative of the Estate of Samuel Lusasi-Deceased)
Appellant
and
APA Insurance Limited
Respondent
(An Appeal from the Judgement of the High Court of Kenya at Kisumu (T.W. Cherere, J.) Dated 23rd November, 2017 in Ksm Civil Appeal No. 48 of 2011)
Judgment
1. When this matter came up for plenary hearing, the Court, at the instance of counsel for the parties, made the following order:“Learned Counsel appearing in this matter, namely, Mr. P.D. Onyango for the Appellant and Mr. Oduor for the Respondent, are agreed that the facts and issues in contention herein are essentially the same as those in contention in Civil Appeal No. 17 of 2018 that was canvassed yesterday. They agreed further and it is ordered by consent that the Judgement to be rendered in Civil Appeal No. 17 of 2018 to apply mutatis mutandis to this Appeal. Order accordingly.”
2. Kisumu Civil Appeal No. 17 of 2018 Yunes Moraa Inchwara vs APA Insurance Ltd.) has just been determined and applying the outcome of the judgment therein to this appeal, we order as follows: -(2. 1)This appeal is allowed.(2. 2)The judgment of the High Court dated 23rd November, 2017 is hereby set aside and the judgment of the trial court dated 14th April, 2011 in Winam SRMCC NO. 518 of 2006 is hereby affirmed.(2. 3)Costs of this appeal and that in the High Court to the Appellant.
DATED AND DELIVERED AT KISUMU THIS 27TH DAY OF MAY, 2022. P. O. KIAGE................................JUDGE OF APPEALMUMBI NGUGI................................JUDGE OF APPEALF. TUIYOTT................................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR