[2023] KEHC 27574 (KLR)
The High Court determined that it could not make a conclusive decision on the applicant's request without first perusing the lower court record, as the application in question was not attached and its contents were not before the court. The court recognized its supervisory jurisdiction under Article 165(6) and (7)...
Source-derived case information.
- Citation
- [2023] KEHC 27574 (KLR)
- Parties
- Appellant: Trident Insurance Company; Respondent: Ripe Freight Services Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 242 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application
- Outcome
- Application partly allowed.
- Judges
- F Wangari
- Legal Topics
- Supervisory Jurisdiction, Review of Lower Court Decisions, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Trident Insurance Company
Appellant
Ripe Freight Services Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the High Court should call for the record of the lower court to determine the propriety of proceedings before Hon. Maureen Nabibya.
- 2 Whether Hon. Maureen Nabibya has jurisdiction to entertain an application that may conflict with a prior High Court decision.
- 3 Whether subsequent applications for review are barred following a previous determination and appeal.
Ratio Decidendi
The High Court determined that it could not make a conclusive decision on the applicant's request without first perusing the lower court record, as the application in question was not attached and its contents were not before the court. The court recognized its supervisory jurisdiction under Article 165(6) and (7) of the Constitution, which empowers it to call for records from subordinate courts and issue appropriate directions. The court therefore ordered that the lower court file be availed for perusal before making further determinations, particularly on the issue of jurisdiction and the potential for conflicting decisions. The court declined to grant the full reliefs sought without...
Court Disposition
Application partly allowed.
Orders
- The court record in Mombasa Civil Case No. 1432 of 2014, Ripe Freight Services Limited v Trident Insurance Services Limited, to be availed before this court for perusal and directions.
- Prayer (4) of the application to be determined upon perusal of the lower court file.
Full Case Text
Judgment text and source record
23 paragraphs
Trident Insurance Company v Ripe Freight Services Limited (Civil Appeal 242 of 2019) [2023] KEHC 27574 (KLR) (29 September 2023) (Ruling)
Neutral citation: [2023] KEHC 27574 (KLR)
Republic of Kenya
In the High Court at Mombasa
Civil Appeal 242 of 2019
F Wangari, J
September 29, 2023
Between
Trident Insurance Company
Appellant
and
Ripe Freight Services Limited
Respondent
Ruling
1. The application coming up for determination is the Notice of Motion dated 4/4/2023 and filed on an even date seeking the following orders;a.Spentb.Spentc.That an order is hereby made calling for the record of Civil Case No. 1432 of 2014, Ripe Freight Services Limited v Trident Insurance Services Limited, currently before Hon. Maureen Nabibya and the same is brought before the judge for directions.d.That the court makes a declaration that Hon. Maureen Nabibya lacks jurisdiction to sit on appeal of the decision of Hon. Justice Olga Sewe made on the 10th February 2023 and her decision shall be in direct conflict with a decision already made in the appellant court.e.That there is a clear bar of subsequent applications for review since a decision or ruling was already made by Hon. J. Kassam delivered on 20/1/2019 and Hon. Maureen Nabibya might make a conflicting decision that is expressly braved by Order 45 Rule 6 and also appealed against and determined already by the High Court in Civil Appeal No. 242 of 2019. f.That costs be in the cause of this application
2. The Respondent in the Replying Affidavit dated 24/4/2023 denied that the application before the lower court was intended to embarrass the court, but it was seeking for the recalculation of the interest payable, since the Applicant had already commenced execution proceedings.
3. Directions were given that the application be disposed of by way of written submissions. Both parties complied by filing their rival submissions. From the pleadings, both parties made reference to the application before the lower court, and which is the subject of this application.
Analysis and Determination 4. The application in the lower court is a Notice of Motion dated 20/2/2023 which is currently pending before Hon. Maureen Nabibya. The Respondent submits that it is similar to the Notice of Motion dated 24/12/2018 and ruling was delivered on 25/1/2019 by Hon. J.K. Kassam, and which was subject to this appeal. The judgment on appeal was delivered on 10/2/2023 by Justice Olga Sewe.
5. None of the parties have attached the application dated 20/2/2023. This court cannot rely on the submissions by the parties as to the contents of the said application. In order to make an informed decision on this application, it is paramount that the lower court records be availed for perusal and further orders and directions.
6. In the case of Samuel Kamau Macharia & ano v Kenya Commercial Bank Ltd & ano [2012] eKLR, the court stated as follows;“(68)A court’s jurisdiction flows from either the Constitution or legislation or both. Thus a court of law can only exercise jurisdiction as conferred by the Constitution or other written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law”
7. The Constitution has conferred to this court the supervisory jurisdiction over the subordinate courts. Article 165 (6) (7) of the Constitution provides as follows;“(6)The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court.(7)For the purposes of clause (6), the High Court may call for the record of any proceedings before any subordinate court or person, body or authority referred to in clause (6), and may make any order or give any direction it considers appropriate to ensure the fair administration of justice.”
8. For reasons as given above, this application is partly allowed and I make the following orders: -a.That the court record in Mombasa of Civil Case No. 1432 of 2014, Ripe Freight Services Limited v Trident Insurance Services Limited, be availed before this court for perusal and directions.b.That prayer (4) of the application shall be determined upon the perusal of the lower court file.c.Each party to bear its own costs.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 29TH DAY OF SEPTEMBER, 2023………………F. WANGARIJUDGEIn the presence of: -Tindi Advocate for the AppellantN/A by the RespondentBarile, Court Assistant