[2024] KEHC 4023 (KLR)
The High Court found that the Adjudicator failed to provide adequate reasons for the apportionment of liability and did not address the Appellant's counterclaim, both of which are errors of law. The appellate jurisdiction is limited to matters of law, and since the trial court's decision lacked proper reasoning and...
Source-derived case information.
- Citation
- [2024] KEHC 4023 (KLR)
- Parties
- Appellant: John Maina Nyaguthi; Respondent: Francis Mbugua Njiru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E368 of 2022
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal allowed; matter remitted for re-trial.
- Judges
- DAS Majanja
- Legal Topics
- Appeals on Points of Law, Apportionment of Liability, Motor Vehicle Accidents, Judicial Reasoning Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Maina Nyaguthi
Appellant
Francis Mbugua Njiru
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Small Claims Court erred in apportioning liability without adequate analysis of the evidence.
- 2 Whether the Adjudicator failed to address the Appellant's counterclaim for repair costs.
- 3 Whether the High Court can interfere with the findings of the Small Claims Court on matters of law only.
Ratio Decidendi
The High Court found that the Adjudicator failed to provide adequate reasons for the apportionment of liability and did not address the Appellant's counterclaim, both of which are errors of law. The appellate jurisdiction is limited to matters of law, and since the trial court's decision lacked proper reasoning and failed to consider all claims, the High Court could not substitute its own findings of fact. Instead, the appropriate remedy was to order a re-trial before a different Adjudicator, ensuring that all evidence and claims are properly considered and reasoned in accordance with legal standards.
Court Disposition
Appeal allowed; matter remitted for re-trial.
Orders
- The appeal is allowed.
- The matter is remitted for re-trial before an Adjudicator other than Hon. B. J. Ofisi.
Full Case Text
Judgment text and source record
24 paragraphs
Nyaguthi v Njiru (Civil Appeal E368 of 2022) [2024] KEHC 4023 (KLR) (Civ) (24 April 2024) (Judgment)
Neutral citation: [2024] KEHC 4023 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E368 of 2022
DAS Majanja, J
April 24, 2024
Between
John Maina Nyaguthi
Appellant
and
Francis Mbugua Njiru
Respondent
(Being an appeal from the Judgment and Decree of Hon. B. J. Ofisi SRM/Adjudicator dated 18th May 2022 at the Small Claims Court at Milimani, Nairobi SCC No. E136 of 2022)
Judgment
1. Before the Small Claims Court, the Respondent filed suit claiming Kshs. 416,474. 00 being repair costs for his motor vehicle registration number KCD F which was damaged as a result of an accident that took place on 21. 01. 2019 along the Northern Bypass, Nairobi involving the Appellant’s motor vehicle registration number KCK J. After hearing the matter, the Adjudicator apportioned liability at 80:20 against the Appellant thus precipitating this appeal.
2. The Appellant appeals against the trial court’s finding on liability on the basis that the finding was not founded on the evidence. The finding of the Adjudicator was as follows:The Police Abstract and CW2 confirmed that motor vehicle registration number KCD F is to blame for occurrence of the accident however, from the evidence adduced, negligence had partially been proved against the claimant’s agent. Based on the oral documentary evidence adduced by the parties, I apportion liability in the ratio 80:20 in favour of the Claimant against the Respondent.
3. At the trial, the Respondent called three witnesses while the Appellant called two witnesses. As shown in the above extract from the judgment, the Adjudicator did not analyse or otherwise engage with the testimonies and evidence of all the witnesses in order to come to a conclusion on liability. It is trite that a court must give reasons for its decision (see Judicial Service Commission v Ndururi [2021] KECA 365 (KLR)). Further, the Adjudicator failed to deal with the Appellant’s counterclaim seeking Kshs. 927,270. 00 on account of repair costs to his vehicle. This constitutes a grave error on the part of the Adjudicator which entitles this court to intervene.
4. This court’s jurisdiction in dealing with appeals from the Small Claims Court is limited by section 38(1) of the Small Claims Court Act, 2016 (“SCCA’’) which provides that ‘A person aggrieved by the decision or an order of the Court may appeal against that decision or order to the High Court on matters of law.’ A court limited to matters of law is not permitted to substitute the Subordinate Court’s decision with its own conclusions based on its own analysis and appreciation of the facts unless the findings are so perverse that no reasonable tribunal would have arrived at them (John Munuve Mati v Returning Officer Mwingi North Constituency & 2 others [2018] eKLR).
5. It is clear that the Adjudicator’s conclusions on liability which are devoid of reasons fall within the rubric of “matters of law”. While in an ordinary appeal, the court would re-evaluate the facts and come to its own conclusions, it cannot do so in this case. A finding on liability by this court may prejudice either party’s right of appeal as there is no appeal from this court to the Court of Appeal. The proper direction then is to order a re-trial of the matter.
6. I allow the appeal and direct re-trial of the matter before an Adjudicator other than Hon. B. J. Ofisi. The time for resolution of the matter shall start running from the date of the first mention before the Subordinate Court.
7. There shall be no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 24TH DAY OF APRIL 2024. D. S. MAJANJAJUDGEC. W. Ngala and Company Advocates for the Appellant.Samuel Gitonga and Associates Advocates for the Respondent.