[2024] KEHC 7686 (KLR)
The interlocutory order of 31st July 2023, made by Janet Mulwa J, directed payment of 50% of the decretal sum to the respondent and deposit of the balance in a joint interest-earning account, thereby partially disposing of the appeal. It would be improper for the current judge to proceed to judgment on the merits,...
Source-derived case information.
- Citation
- [2024] KEHC 7686 (KLR)
- Parties
- Appellant: Masai Mara Wilderness Lodge Limited; Respondent: Rupa Soni
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E261 of 2023
- Procedural Posture
- Civil Appeal / File Returned for Further Directions Due to Partial Disposal by Interlocutory Order
- Outcome
- File returned to the Presiding Judge, Civil Division, for further directions; no judgment delivered on the appeal.
- Judges
- WM Musyoka
- Legal Topics
- Stay of Execution, Interlocutory Orders, Money Decree, Partial Disposal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masai Mara Wilderness Lodge Limited
Appellant
Rupa Soni
Respondent
Procedural Posture
Civil Appeal / File Returned for Further Directions Due to Partial Disposal by Interlocutory Order
Legal Issues
- 1 Whether the interlocutory order of 31st July 2023 partially disposed of the appeal by directing payment of 50% of the decretal sum to the respondent.
- 2 Whether it is appropriate for the current judge to proceed with the appeal in light of the prior order.
Ratio Decidendi
The interlocutory order of 31st July 2023, made by Janet Mulwa J, directed payment of 50% of the decretal sum to the respondent and deposit of the balance in a joint interest-earning account, thereby partially disposing of the appeal. It would be improper for the current judge to proceed to judgment on the merits, as this could result in conflicting findings or embarrassment to the court. The prudent course is to return the file for further directions by the Presiding Judge, Civil Division, to ensure consistency and proper administration of justice.
Court Disposition
File returned to the Presiding Judge, Civil Division, for further directions; no judgment delivered on the appeal.
Orders
- The file is returned to the Presiding Judge, Civil Division, High Court, Milimani, Nairobi, for further directions.
- No judgment is delivered on the appeal by the current judge.
Full Case Text
Judgment text and source record
20 paragraphs
Masai Mara Wilderness Lodge Limited v Soni (Civil Appeal E261 of 2023) [2024] KEHC 7686 (KLR) (Civ) (24 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7686 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E261 of 2023
WM Musyoka, J
June 24, 2024
Between
Masai Mara Wilderness Lodge Limited
Appellant
and
Rupa Soni
Respondent
(An appeal arising from the judgment of Hon. SA Opande, Principal Magistrate, delivered on 22nd March 2023, in Milimani Commercial Courts CMCCC No. 6914 of 2017)
Ruling
1. While reading the record herein, for the purpose of writing judgment in the appeal, I came across an order that was made and recorded by my sister, Janet Mulwa J, on 31st July 2023, on an application, dated 14th April 2024, as follows:“I have looked at the application and the replying affidavit. The judgement is a money decree. No security has been offered other than the sum of Kshs. 1 million deposited in court.a.I therefore allow the application in terms of Prayer 2, but varied to order that the applicant/Appellant shall pay out 50% of the decretal sum to the Respondent (Rupa Soni) within 30 days of this order.b.The balance of 50% to be deposited in an interest earning A/C in the joint names of the parties advocates, also within 30 days.c.The appellant shall cause the money deposited in court (Kshs. 1 million) to be released to itself to facilitate compliance with Order (b) above.d.The Record of Appeal shall be filed within 60 days of this order.e.In default of orders (a),(b) & (c), the stay orders shall lapse.f.Mt for directions on the appeal on 31/10/2023. Orders accordingly.”
2. The said order was not based on a consent by the parties to the appeal, and my understanding of it is that it partially disposed of the appeal, to the extent that it ordered that 50% of the judgment amount be paid over to the respondent. I believe it would embarrass me, and Janet Mulwa J too, were I to come to the conclusion that the appellant was not liable at all, by way of negligence or breach of statutory duty of care, for what befell the respondent. Prudence would point towards disposal of what was left outstanding, on the appeal, being handled, to conclusion, by Janet Mulwa J.
3. Consequently, I hereby return the file herein, without, regrettably, having written the judgment, for the foregoing reasons. Let the Deputy Registrar, at the Civil Division, Milimani, cause the same to be placed before the Presiding Judge, Civil Division, High Court, Milimani, Nairobi, for further directions. Orders accordingly.
RULING IS DELIVERED VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 24TH DAY OF JUNE 2024W MUSYOKAJUDGEMs. Veronica, Court Assistant, Milimani, Nairobi.Mr. Arthur Etyang, Court Assistant, Busia.AdvocatesMs. Atieno, instructed by Koceyo & Company, Advocates for the appellant.Mr. Otieno, instructed by Mucheru Law LLP, Advocates for the respondent.