Chege & others v Kihahu (Tribunal Case 238 of 2020) [2023] KECPT 797 (KLR) (Civ) (24 August 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 797
- Citation
- [2023] KECPT 797 (KLR)
- Decided
- 24 August 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramHON. BEATRICE KIMEMIA CHAIRPERSON, HON. J. MWATSAMA DEPUTY CHAIRPERSON, HON. BEATRICE SAWE MEMBER, HON. FRIDAH LOTUIYA MEMBER, HON. PHILIP GICHUKI MEMBER, HON. MICHAEL CHESIKAW MEMBER, HON. PAUL AOL MEMBER
Holding
The orders dated 13/04/2023 are reviewed to the extent of 1/3 of the Respondent's salary
Facts
The case involves a dispute over a decree where the Respondent (Kihahu) was ordered to pay a decretal sum, and the Claimant (Chege & others) sought to review the decree due to a perceived mistake on the face of the record.
Issues
- Whether the grounds for review have been satisfied
- Whether the orders issued on 24/4/2023 are in accordance with the Civil Procedure Act
Reasoning
The Tribunal found a mistake apparent on the face of the record regarding the payment of the whole salary to the decretal sum, and thus the orders are reviewed to the extent of 1/3 of the Respondent's salary.
Outcome
The appeal is upheld and the orders are modified
Orders
- The orders dated 13/04/2023 are reviewed to the extent of 1/3 of the Respondent's salary
Remedies
- The Respondent's orders are modified to allow only 1/3 of the salary to be attached and remitted on a monthly basis until satisfaction of the decretal sum
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (2)
- Pancres T. Swai v Kenya Breweries limited [2014] eKLR
- Republic v Advocates Disciplinary Tribunal Ex parte Apollo Mboya [2019] 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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