Verjee v Attorney General & 3 others (Civil Appeal E097 of 2021) [2024] KECA 728 (KLR) (21 June 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 728
- Citation
- [2024] KECA 728 (KLR)
- Decided
- 21 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of the High Court of Kenya at Mombasa (D. O. Chepkwony, J.) delivered on 11th August 2021 In HCCA No. E012 of 2020CoramA. K. MURGOR, DR. K. I. LAIBUTA C.Arb, FCIArb., G. V. ODUNGA
Holding
The appeal fails and is hereby dismissed with costs to the 2nd respondent. The Judgment and Decree of the High Court of Kenya at Mombasa (D. O. Chepkwony, J.) delivered on 11th August 2021 in HCCA No. E021 of 2020 is hereby upheld.
Facts
The appellant, Salim Verjee, filed a suit in the Chief Magistrate's Court at Mombasa against the respondents alleging assault and harassment. The 2nd respondent, Ronald De Mello, filed a defence and counterclaim, denying the appellant's claim and alleging harassment and trespass.
Issues
- Whether the learned Judge misdirected herself in law
- Whether the learned Judge misapprehended the facts
- Whether the learned Judge took account of considerations of which she should not have taken account
- Whether the learned Judge failed to take account of considerations of which she should have taken account
- Whether the learned Judge's decision was plainly wrong
Reasoning
The Court of Appeal found no evidence of misdirection, misapprehension of facts, or failure to take account of considerations. The appeal is dismissed.
Outcome
Appeal dismissed
Orders
- The Judgment and Decree of the High Court of Kenya at Mombasa (D. O. Chepkwony, J.) delivered on 11th August 2021 in HCCA No. E021 of 2020 is hereby upheld
Authorities cited
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 6 Others [2013] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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