[2017] KEHC 6887 (KLR)
The court found that the present appeal was based on the same subject matter and grounds as Migori HCCA No.88 of 2015, which had already been heard and determined. The doctrine of res judicata applies, barring the court from entertaining the same dispute between the same parties. As such, the appeal was dismissed...
Source-derived case information.
- Citation
- [2017] KEHC 6887 (KLR)
- Parties
- Appellant: South Nyanza Sugar Company Limited; Respondent: Walter Guya
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 98 of 2015
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed as res judicata
- Judges
- DO Ohungo, AC Mrima
- Legal Topics
- Res Judicata, Appeals Process, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
South Nyanza Sugar Company Limited
Appellant
Walter Guya
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal is barred by the doctrine of res judicata.
- 2 Whether the trial magistrate erred in awarding damages based on the respondent's claimed yield and tonnage.
Ratio Decidendi
The court found that the present appeal was based on the same subject matter and grounds as Migori HCCA No.88 of 2015, which had already been heard and determined. The doctrine of res judicata applies, barring the court from entertaining the same dispute between the same parties. As such, the appeal was dismissed with costs to the respondent.
Court Disposition
appeal dismissed as res judicata
Orders
- The appeal is dismissed as res judicata.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CIVIL APPEAL NO. 98 OF 2015
BETWEEN
SOUTH NYANZA SUGAR COMPANY LIMITED …........ APPELLANT
AND
WALTER GUYA ………….......................…………….….RESPONDENT
(An appeal from the judgment of Hon. P.Y. Kulecho, RM,
in Migori CMCC No.511 of 2014 dated 30/04/2015)
JUDGMENT
1. SOUTH NYANZA SUGAR COMPANY LIMITED (the appellant) is dissatisfied with the decision where the trial court entered judgment in favour of WALTER GUYA (the appellant) in the sum of Kshs.666,145/= plus costs and interest arising out of claims for compensation based on loss suffered when the appellant failed to harvest mature sugar cane planted by the respondent on a piece of land measuring 4. 3 Hectares.
2. He claimed to have had a yield of 100 tons per acre which was worth Kshs.2500/= per ton. The trial magistrate wholly relied on these figures in working out what was due to the respondent.
3. The appellant challenged the decision on grounds that the trial magistrate had disregarded the expect witnesses evidence on the expected tonnage, hence arriving at erroneous award of tonnage.
4. The trial magistrate was also faulted for using evaluation of the evidence and making findings for what the respondent had not prayed for.
5. The court directed that the appeal be canvassed by way of written submissions but by the date for confirmation only the respondent had filed written submissions.
6. The respondent’s counsel pointed out that the appeal was res judicata as there exists Migori HCCA No.88 of 2015 in respect of the same matter which was heard and determined. He referred the court to the judgment dated 21/07/2015 by Majanja, J which allowed the appeal in part.
7. Indeed a reading the judgment referred to discloses that it relates to the same subject as the present appeal including the grounds thereto. I am in agreement with the respondent’s counsel that this appeal is res judicata and the same is dismissed with costs to the respondent.
Written and dated this 21st day of February, 2017 at Homa Bay
H.A. OMONDI
JUDGE
Delivered and dated this 27th day of February, 2017 at Migori
A.C. MRIMA
JUDGE