[2024] KEHC 6829 (KLR)

[2024] KEHC 6829 (KLR)

The court found that the present appeal is a replica of HCCA No. E068 of 2024, involving the same parties and arising from the same decision in Kisumu CMCC No. 185 of 2017. Entertaining two appeals on the same matter would amount to duplicity and an abuse of the court process. Consequently, the court struck out the...

Source-derived case information.

Citation
[2024] KEHC 6829 (KLR)
Parties
Appellant: Lilian Nguma Mutua; Respondent: Chap Chap Solutions Company Limited; Respondent: Yomuko Auctioneers
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E067 of 2024
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/strike Out
Outcome
Appeal struck out as a duplicate; file closed.
Judges
RE Aburili
Legal Topics
Duplicity of Proceedings, Appeal Struck Out, Abuse of Process
Source Language
en
Civil Procedure Duplicity of Proceedings Appeal Struck Out Abuse of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lilian Nguma Mutua

Appellant

Chap Chap Solutions Company Limited

Respondent

Yomuko Auctioneers

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection/strike Out

Legal Issues

  1. 1 Whether the present appeal is a duplicate of another appeal between the same parties arising from the same decision.
  2. 2 Whether the appeal should be struck out for duplicity.

Ratio Decidendi

The court found that the present appeal is a replica of HCCA No. E068 of 2024, involving the same parties and arising from the same decision in Kisumu CMCC No. 185 of 2017. Entertaining two appeals on the same matter would amount to duplicity and an abuse of the court process. Consequently, the court struck out the appeal and ordered the file closed.

Court Disposition

Appeal struck out as a duplicate; file closed.

Orders

  • This Appeal is struck out as it is a replica of HCCA No. E068 of 2024 between the same parties arising from the same decision in Kisumu MCCC No. 185 of 2017.
  • This file is closed.