[2019] KEHC 11388 (KLR)
The court found that its earlier judgment was clear in its terms. The awards for loss of earning capacity and general damages were specified, and the lower court's awards for certain heads of damages were expressly set aside and substituted. However, the lower court's award of costs and interest to the plaintiff...
Source-derived case information.
- Citation
- [2019] KEHC 11388 (KLR)
- Parties
- Appellant: Rockmasters Limited; Respondent: Isaac Kabue Miringu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 354 of 2006
- Procedural Posture
- Civil Appeal / Ruling on Application for Clarification of Judgment
- Outcome
- application dismissed with costs
- Judges
- BT Jaden
- Legal Topics
- Clarification of Judgment, Interest on Awards, Costs Award, Loss of Earning Capacity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rockmasters Limited
Appellant
Isaac Kabue Miringu
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Clarification of Judgment
Legal Issues
- 1 Whether the court's previous judgment set aside the lower court's orders on interest and costs or only on the issues appealed.
- 2 Whether the substitution of the lower court's judgment applied only to loss of earning capacity.
- 3 Whether general damages awarded by the lower court accrue interest from the date of that judgment.
Ratio Decidendi
The court found that its earlier judgment was clear in its terms. The awards for loss of earning capacity and general damages were specified, and the lower court's awards for certain heads of damages were expressly set aside and substituted. However, the lower court's award of costs and interest to the plaintiff (respondent) was not interfered with by the appellate court. Therefore, the orders on costs and interest from the lower court remain intact. The application for clarification was found to lack merit as the judgment required no further interpretation or clarification. The application was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application dated 28th November, 2018 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CIVIL DIVISION
HIGH COURT CIVIL APPEAL NO. 354 OF 2006
ROCKMASTERS LIMITED...........APPELLANT
VERSUS
ISAAC KABUE MIRINGU..........RESPONDENT
RULING
1. The application date 28th November, 2018 seeks order as follows:
“1. That the Honourable Court do clarify its Judgment dated 22nd February, 2017.
2. That the Honourable Court do clarify
(i) Whether by setting aside the judgment of the lower court the court set aside the lower court’s judgment on interest and costs in the lower court or only on the issues the subject of appeal
(ii) Whether the judgement indicating that the lower court judgment was substituted with this court’s judgment only applied to loss of earning capacity.
(iii) Whether having dismissed the Appellant’s Appeal on general damages and the said damages not having been paid since the delivery of judgment by the lower court whether the said award accrues interest from the date of judgment of the lower court or not.
(iv) Whether the substituted award on lost capacity to earn in future carries interest from the date of Judgment of the lower court or not.”
2. It is stated in the grounds and the affidavit in support of the application that the judgment herein delivered on 22nd February, 2017 did not come out clearly on the final orders vis-a-viz the lower court judgment
3. The application is opposed. It is stated in the replying affidavit that the application has no merits and is an abuse of the court process as the judgment in question is clear and requires no interpretation. It is further stated that the decretal sum has been deposited in court pending the hearing and determination of appeal in the Court Appeal.
4. I have considered the application and the reply to the same.
5. I have re-looked at the judgment delivered herein on 22nd February, 2017.
Paragraph 22 thereof reflects that the award on loss of earning capacity is Ksh.500,000/=
Paragraph 23 sets aside the award of the lower court of Ksh.175,800/=.
Paragraph 26 sets aside the award of the lower court of Ksh.1,280,160/=
Paragraph 26 reflects the total award comes to Ksh.500,000/= (Loss of earning capacity) and Ksh.550,000/= (General damages) which comes to Ksh.1,050,000/=
The lower court awarded costs and interest to the Plaintiff (Respondent). This was not interfered with by this court.
6. With the foregoing, I find no merits in the application and dismiss the same with costs.
Dated, signed and delivered in Nairobi this 30th day of May, 2019
B. THURANIRA JADEN
JUDGE