[2021] KEHC 6643 (KLR)
The appeal was dismissed because the appellants failed to file submissions, which was the required mode of prosecuting the appeal. Without any submissions or material from the appellants, the court had no basis to disturb the lower court's judgment or to consider the merits of the appeal. The court emphasized that...
Source-derived case information.
- Citation
- [2021] KEHC 6643 (KLR)
- Parties
- Appellant: Ndete Muli; Appellant: Albert Phillip Katiti; Respondent: Hogla Mkando Omari; Respondent: John Kilelu
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 51 of 2018
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- GV Odunga
- Legal Topics
- Road Traffic Accident, Fatal Injuries, Quantum of Damages, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ndete Muli
Appellant
Albert Phillip Katiti
Appellant
Hogla Mkando Omari
Respondent
John Kilelu
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal can succeed in the absence of submissions by the appellant.
- 2 Whether the lower court's judgment on liability and quantum of damages should be disturbed.
Ratio Decidendi
The appeal was dismissed because the appellants failed to file submissions, which was the required mode of prosecuting the appeal. Without any submissions or material from the appellants, the court had no basis to disturb the lower court's judgment or to consider the merits of the appeal. The court emphasized that the responsibility to prosecute an appeal lies with the appellant, and non-compliance with procedural requirements such as filing submissions is fatal to the appeal. Consequently, the appeal failed and was dismissed with costs to the respondents.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
(APPELLATE SIDE)
(Coram: Odunga, J)
CIVIL APPEAL NO. 51 OF 2018
NDETI MULI...........................................................................................................1ST APPELLANT
ALBERT PHILLIP KATITI..................................................................................2ND APPELLANT
VERSUS
HOGLA MKANDO OMARI................................................................................1ST RESPONDENT
JOHN KILELU......................................................................................................2ND RESPONDENT
(Being Appeals from Judgement of the Hon. Magistrate at Machakos Law Courts by Hon. Kibiru
dated 18/4/2018 from Machakos Chief Magistrates Court Civil Case Nos. 198 of 2013)
BETWEEN
HOGLA MKANDO OMARI and JOHN KILELU
(Suing as administrators of the Estates of Joseph Mwakilili Mulonza (Deceased) ..........PLAINTIFF
VERSUS
NDETI MULI...............................................................................................................1ST DEFENDANT
ALBERT PHILLIP KATITI.......................................................................................2ND DEFENDANT
KETER KIPROTICH................................................................................................3RD DEFENDANT
JUDGEMENT
1. The subject of this appeal is Machakos CMCC No. 198 of 2013, a suit instituted by the Respondents herein against the Appellants for damages arising from a road traffic accident which occurred on 18th August, 2010 in which the deceased sustained fatal injuries.
2. On 16th January, 2018, a consent judgement was entered in the said matter in which liability was entered for the Respondents against the Appellant at the ratio of 80:20 and the parties agreed that the plaintiff’s claim supporting documents be admitted as evidence without calling the makers and that the parties proceed to file written submissions on quantum of damages.
3. This appeal is related to High Court Civil Appeals Nos. 50 and 51 of 2018 which appeals arise from the same cause of action. On 25th January, 2021, this Court directed the parties to file and exchange their submissions on the appeal. The matter was then listed for further orders on 24th February, 2021. On that day, the parties were directed to furnish the soft copies of their filed documents to court.
4. As at the time of writing this judgement, only the Respondent’s submissions were on record in all the three appeals. The Appellant only filed the Submissions in HCCA No. 50 of 2018. Similarly, only the Respondent furnished the Court with the soft copies.
5. As the appellant failed to file the submissions which was the mode of prosecuting the appeal, there is no material on the basis of which this appeal can succeed.
6. In the premises, this appeal fails and is dismissed with costs to the Respondent. It is so ordered.
Read, signed and delivered virtually at Machakos this 31st day of May, 2021
G V ODUNGA
JUDGE
Delivered in the presence of:
Ms Odembo for the Respondent
CA Geoffrey