[2020] KEHC 349 (KLR)
The High Court, as the first appellate court, independently re-evaluated the evidence and found that the appellant was initially indebted to the respondent in the sum of Kshs.139,000, of which Kshs.30,000 had already been paid. The trial court's decision was set aside and substituted with a judgment in favor of the...
Source-derived case information.
- Citation
- [2020] KEHC 349 (KLR)
- Parties
- Appellant: Mary Muthoni Makanga; Respondent: Beatrice Wanjiku Kariuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 45 of 2016
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal partially allowed
- Judges
- A Mshila
- Legal Topics
- Appeals Process, Judgment Review, Debt Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Muthoni Makanga
Appellant
Beatrice Wanjiku Kariuki
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in its findings regarding the indebtedness of the appellant to the respondent.
- 2 Whether the appellant had paid part of the debt claimed by the respondent.
- 3 Whether the trial court's judgment should be set aside or varied.
Ratio Decidendi
The High Court, as the first appellate court, independently re-evaluated the evidence and found that the appellant was initially indebted to the respondent in the sum of Kshs.139,000, of which Kshs.30,000 had already been paid. The trial court's decision was set aside and substituted with a judgment in favor of the respondent for the balance of Kshs.109,000, together with costs and interest at court rates. The court emphasized its duty to re-examine the evidence and correct any errors made by the trial court, ensuring that only the actual outstanding debt is awarded.
Court Disposition
appeal partially allowed
Orders
- The decision of the trial court in CMCC No. 99 of 2015 is set aside.
- Judgment is entered in favor of the respondent in the sum of Kshs.109,000.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
CIVIL APPEAL 45 OF 2016
MARY MUTHONI MAKANGA................................APPELLANT
VERSUS
BEATRICE WANJIKU KARIUKI............................RESPONDENT
(Being an appeal from the Judgment and Decree of Hon. John Aringo RM delivered on the 22/07/2016 in
Nyeri CMCC No.99 of 2015}
JUDGMENT
FACTS
1. This matter originates from a court order made in Civil Case No.819 of 2006 dated 7/05/2006
2. The appellants being dissatisfied with the ruling that was delivered on the 9/10/2017 appealed against it in its entirety; and listed thirteen (13) grounds of appeal as are set out in their Memorandum of Appeal dated 27/10/2017are as summarized inter alia;
3. The appellants were represented by learned counsel Mr.Abwour whereas the respondent was unrepresented and acted in person; the appeal was canvassed by way of written submissions; hereunder is a summary of the rival submissions;
APPELLANTS SUBMISSIONS
4. The appellants contend
RESPONDENTS SUBMISSIONS
5. In response the respondent submitted that the facts
ISSUES FOR DETERMINATION
6. Having perused the trial court’s proceedings and read the written submissions of the respective parties herein, the following are the issues found by this court for determination;
ANALYSIS
7. Being the first appellate court it is incumbent upon this court to re-evaluate the evidence on record and arrive at an independent conclusion. Refer to the case of Arrow Cars Limited V. Bimomo & 2 Others,C.A. No. 344 OF 2004.
FINDINGS
8. For the reasons set out above this court makes the following findings;
DETERMINATION
9. The appeal is found to be partially successful;
10. The appellant is found to be initially indebted to the respondent in the sum of Kshs.139,000/-; of which sum the appellant is found to have paid the Kshs.30,000/- to the respondent;
11. The decision of the trial court in CMCC No. 99 of 2015 is hereby set aside; and substituted with a judgment in favor of the respondent in the sum of Kshs.109,000/- together with costs;
12. There shall be interest on the sum of Kshs.109,000/ at court rates from the date of the judgment until payment in full;
13. The appellant shall bear the costs of the appeal;
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 12th day of March, 2020.
HON.A. MSHILA
JUDGE