[1999] KECA 164 (KLR)

[1999] KECA 164 (KLR)

The Court of Appeal found that since no trial had taken place in the superior court, the judgment and decree issued by Tanui J were a nullity. Both parties' counsel agreed on this fact. The court therefore allowed the appeal, set aside the impugned judgment and decree, and ordered that the case be remitted to the...

Source-derived case information.

Citation
[1999] KECA 164 (KLR)
Parties
Appellant: Mumias Agricultural Transport; Respondent: Sony Agricultural Limited
Court
Court of Appeal
Court Station
Court of Appeal at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal 201 of 1997
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed; judgment and decree set aside; case remitted for hearing de novo; no order as to costs
Legal Topics
Remittal for Retrial, Setting Aside Judgment
Source Language
en
Civil Procedure Remittal for Retrial Setting Aside Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mumias Agricultural Transport

Appellant

Sony Agricultural Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the judgment and decree of the superior court should be set aside due to lack of trial.
  2. 2 Whether the matter should be remitted for hearing de novo.

Ratio Decidendi

The Court of Appeal found that since no trial had taken place in the superior court, the judgment and decree issued by Tanui J were a nullity. Both parties' counsel agreed on this fact. The court therefore allowed the appeal, set aside the impugned judgment and decree, and ordered that the case be remitted to the superior court at Kisumu for a hearing de novo according to law. No order as to costs was made.

Court Disposition

appeal allowed; judgment and decree set aside; case remitted for hearing de novo; no order as to costs

Orders

  • The appeal is allowed.
  • The judgment and decree of Tanui J are set aside.