Phylip O. Mwabe v Orange Democratic Movement & another [2017] KECA 495 (KLR)
- Citation
- [2017] KECA 495 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Court of Appeal
- Panel
- RN Nambuye, SP Ouko
- Case number
- Civil Appeal 150 of 2017
- Language
- English
More details
- Court
- Court of Appeal
- Panel
- RN Nambuye, SP Ouko
- Case number
- Civil Appeal 150 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
After considering the entire record, rival submissions, and authorities, the Court found no reason to interfere with the High Court decision and dismissed the appeal in its entirety, directing each party to bear its own costs.
Court disposition
Appeal dismissed in its entirety.
Orders
- Each party shall bear its own costs.
02
Material facts
Parties
PHYLIP O. MWABE
AppellantOrange Democratic Movement
1st RespondentJoseph Obiero Ndiege
2nd Respondent03
Procedural history
Posture
Civil Appeal From an Election Petition Judgment / Judgment of the Court of Appeal Dismissing the Appeal
04
Questions and positions
Legal issues
- 01
Whether the appeal against the High Court judgment in Election Petition No. 19 of 2017 had merit
- 02
What orders should follow the determination of the appeal
- 03
How costs should be borne
Party arguments
- Applicant
- The appellant challenged the High Court judgment and sought appellate intervention; the appeal was argued before the Court of Appeal on behalf of the appellant.
- Respondent
- The respondents opposed the appeal and relied on their submissions and authorities to support the High Court decision.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal judgment
An appellate court may dismiss an appeal after considering the record, submissions, and authorities where no basis for interference is found.
- 02
Court of Appeal judgment
Costs may be ordered to follow the court's discretion, including directing each party to bear own costs.
06
Ratio, limits and disposition
Ratio decidendi
After considering the entire record, rival submissions, and authorities, the Court found no reason to interfere with the High Court decision and dismissed the appeal in its entirety, directing each party to bear its own costs.
Court disposition
Appeal dismissed in its entirety.
- Each party shall bear its own costs.
Source and reliance status
Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal
Judgment
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI (CORAM: NAMBUYE, OUKO & GATEMBU , JJA) CIVIL APPEAL NO.150 OF 2017
BETWEEN PHYLIP O. MWABE.................................................APPELLANT
VERSUS ORANGE DEMOCRATIC MOVEMENT......1ST RESPONDENT JOSEPH OBIERO NDIEGE...........................2ND RESPONDENT (Appeal from the Judgment and Order of the High Court of Kenya at Nairobi (Onyiego, J) Dated 25th May, 2017 in Election Petition No. 19 of 2017) ****
JUDGMENT OF THE COURT This appeal was exhaustively argued before us by learned counsel on board for the respective parties on the 14th day of June, 2017. We have accordingly considered the record in totality, in the light of the rival submissions by the said respective learned counsel, and the authorities relied upon by either side in support of their respective submissions, and for the reasons that we shall give on the 21st July, 2017, we hereby make the following orders: The appeal is hereby dismissed in its entirety. Each party to bear own costs. DATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JUNE, 2017 R.N. NAMBUYE ……………………....
JUDGE OF APPEAL W. OUKO …………….…………
JUDGE OF APPEAL S. GATEMBU KAIRU FCIArb …………………………………
JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.
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