Samuel Ogodo Waga v Fish Processors (2000) Ltd [2014] KECA 379 (KLR)
- Court
- Court of Appeal
- Case number
- 379
- Citation
- [2014] KECA 379 (KLR)
The appeal is dismissed with costs to the respondent. No new matter or evidence had been discovered and there was no sufficient or any reason upon which the court would have exercised its discretion favourably for the appellant.
Facts
The respondent, Fish Processors (2000) Ltd, employed the appellant, Samuel Ogodo Waga, as a driver. The respondent advanced Kshs. 30,000 to the appellant, who received and acknowledged the sum through signed vouchers. The respondent sued the appellant for repayment of the sum, which was granted summary judgment. The appellant appealed, and the High Court allowed the appeal, setting aside the summary judgment and directing the case to be heard on the merits. The appellant then sought to transfer the case to a different court.
Issues
- Incompetence of the original suit
- Procedural defects in the application for leave to amend the defence
Reasoning
The court found no fault in the way the learned judge dealt with the application for review. No new matter or evidence had been discovered, and there was no sufficient reason for the court to exercise its discretion in favor of the appellant.
Outcome
Appeal dismissed
Orders
- Summary judgment set aside
- Case transferred to a different court
- Appellant granted leave to amend the defence
Remedies
- Costs to the respondent
Authorities cited
Legislation (1)
- Civil Procedure Act
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