Pongwe v Mohammed & another (Appeal E006 of 2020) [2023] KEELRC 3105 (KLR) (23 November 2023) (Judgment)

Summary at a glance

Facts

The Appellant filed a civil suit in Kwale Resident Magistrate's Court seeking special and general damages and costs of future operation. The suit was closed before the Supreme Court's decision, and the trial court's judgment was delivered after the Supreme Court's decision.

Issues

• Determination of the Appellant's suit on merits
• Remediation of the trial court's delay in delivering the judgment

Reasoning

The trial court's judgment was delivered after the Supreme Court's decision, and the Appellant's case was closed before the Supreme Court's decision. The practice directions were silent on the fate of pending appeals.

Outcome

Appeal allowed

Orders

• The trial court's judgment is set aside
• The Appellant's suit shall be determined on merit by a magistrate at Kwale Principal Magistrate's Court other than Patrick Wambugu Mwangi – Principal Magistrate

Remedies

• Remediation of the trial court's delay in delivering the judgment