[2004] KEHC 732 (KLR)
The court found that the applicant failed to demonstrate any new and important matter that could not have been presented at the time of the original decision. The two annexed judgments by the same magistrate involved injuries almost similar to those in the present case, and the differences in the amounts awarded...
Source-derived case information.
- Citation
- [2004] KEHC 732 (KLR)
- Parties
- Appellant: Shadrack Arisi Mokua; Respondent: Brooke Bond K Ltd
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 213 of 2002
- Procedural Posture
- Civil Appeal / Ruling on Application for Review of Dismissal Order
- Outcome
- application dismissed with costs
- Legal Topics
- Review of Judgment, Appeal Dismissal, Damages Award, Principles of Appellate Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Arisi Mokua
Appellant
Brooke Bond K Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Review of Dismissal Order
Legal Issues
- 1 Whether there are new and important matters to warrant review of the dismissal order.
- 2 Whether the appellate court should interfere with the award of damages based on alleged application of wrong principles by the magistrate.
Ratio Decidendi
The court found that the applicant failed to demonstrate any new and important matter that could not have been presented at the time of the original decision. The two annexed judgments by the same magistrate involved injuries almost similar to those in the present case, and the differences in the amounts awarded were not significant. Therefore, there were no sufficient grounds to warrant a review of the dismissal order. The application for review was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for review is dismissed with costs.
Full Case Text
Judgment text and source record
9 paragraphs
IN THE HIGH COURT OF KENYA AT KISII Civil Appeal 213 of 2003
SHADRACK ARISI MOKUA …………………………………… APPELLANT VERSUS BROOKE BOND K LTD …………...………………………….. RESPONDENT
RULING
The applicant/appellant was summarily dismissed on 9/7/04. He has now applied to the court to review that dismissal order. It was deponed and submitted that the appeal is arguable and that the appellant intended to show during the appeal that the magistrate applied wrong principles in awarding damages. The same magistrate in previous suit had awarded higher damages for less injuries. He annexed two such judgments. This was submitted to be new and important matters which could not have been presented to court when making the order.
The application was opposed. It was submitted that the court was satisfied that there were no sufficient grounds to warrant interference with the award and thus dismissed the appeal. There are now no new grounds.
I have considered the application. Indeed an appellate court can interfere with an award if it finds that wrong principles were used. However I do not find any new ground to warrant the court to review the dismissed order. I have looked at the two judgments by the same trial magistrate annexed. The injuries were almost similar with those in this case. The differences in the amount awarded are not significant. I therefore still hold that there are no sufficient grounds shown in the appeal.
The application is therefore dismissed with costs.
Dated this 6th day of December 2004.
KABURU BAUNI JUDGE