[2024] KEHC 6526 (KLR)
The court found that the issues raised in this appeal had already been conclusively determined in related appeals (E30/2020 and E31/2020), where the appellant was absolved of liability and the 2nd and 3rd respondents were found liable. Accordingly, the court adopted the reasoning and outcome of those judgments,...
Source-derived case information.
- Citation
- [2024] KEHC 6526 (KLR)
- Parties
- Appellant: Sammy Traders Limited; Respondent: Nancy Achieng Owino; Respondent: Degitech Enterprises; Respondent: Chardwick Obala
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E29 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Compromise and Costs
- Outcome
- appeal marked as compromised; appellant absolved of liability; costs to 2nd and 3rd respondents; file closed
- Judges
- MS Shariff
- Legal Topics
- Compromise of Appeal, Costs Award, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Traders Limited
Appellant
Nancy Achieng Owino
Respondent
Degitech Enterprises
Respondent
Chardwick Obala
Respondent
Procedural Posture
Civil Appeal / Ruling on Compromise and Costs
Legal Issues
- 1 Whether the appeal should be marked as compromised following the determination of related appeals.
- 2 Who should bear the costs of the appeal.
Ratio Decidendi
The court found that the issues raised in this appeal had already been conclusively determined in related appeals (E30/2020 and E31/2020), where the appellant was absolved of liability and the 2nd and 3rd respondents were found liable. Accordingly, the court adopted the reasoning and outcome of those judgments, marked the present appeal as compromised, absolved the appellant of liability, and ordered the 2nd and 3rd respondents to bear the costs of the application. The file was ordered closed, as there remained no live issue for determination.
Court Disposition
appeal marked as compromised; appellant absolved of liability; costs to 2nd and 3rd respondents; file closed
Orders
- The appeal is marked as compromised.
- The appellant is absolved of any liability.
Full Case Text
Judgment text and source record
26 paragraphs
Sammy Traders Limited v Owino & 2 others (Civil Appeal E29 of 2020) [2024] KEHC 6526 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6526 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E29 of 2020
MS Shariff, J
May 31, 2024
Between
Sammy Traders Limited
Appellant
and
Nancy Achieng Owino
1st Respondent
Degitech Enterprises
2nd Respondent
Chardwick Obala
3rd Respondent
Ruling
Background 1. The Appellant herein had preffered three appeals of a similar nature being Kisumu High Court Civil Appeal No. E29, E30 and E31 if 2020 to challenge the judgments in Nyando Senior Resident Magistrate Court No. 5, 6 and 7 of 2017 all delivered on 24/11/2020.
2. On 14th March 2023 Lady Justice T. A. Odera delivered judgment in Civil Appeal No. E30/2020 and E31/2020 by absolving the Appellant from liability and instead found the 2nd and 3rd Respondent liable for the accident that informed the filing of the suits in the subordinate court.
3. The Appellant herein has thus moved this court under the provisions of Section 1A, 1B and 3A of the Civil Procedure Act for the following orders:i.That this appeal be marked as compromised.ii.That costs of this appeal be borne by the Respondents.
4. I have perused the judgment of my sister Lady Justice T. A. Odera in Kisumu HCCA No. E30/2020 and E31/2020 and I do confirm that indeed the issue in this appeal have been conclusively determined wherefore I do hereby adopt the judgment made their and I absolve the Appellant herein of any liability.
5. The 2nd and 3rd Respondent shall meet the costs of this application.
6. The appeal herein is hereby marked as compromised.
7. This file is marked as closed.It is hereby so ordered.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31ST DAY OF MAY, 2024M. S. SHARIFFJUDGE