Maltauro Construction Co. Ltd v Sermetey Enole Sordo [2015] KEHC 1776 (KLR)
- Court
- High Court of Kenya
- Case number
- 1776
- Citation
- [2015] KEHC 1776 (KLR)
- Decided
- 23 October 2015
The judgment is set aside due to the trial magistrate's removal from office and the late delivery of the judgment.
Facts
A pedestrian, Tipapa Sordo, was fatally injured in a road accident involving a vehicle owned by Maltauro Construction Co. Ltd. The Respondent, acting as the legal representative of the deceased's estate, brought a suit for compensation under the Law Reform Act and the Fatal Accidents Act.
Issues
- Validity of the judgment due to the trial magistrate's removal from office
- Whether the judgment was written before or after the trial magistrate's removal
Reasoning
The judgment was delayed by over 6 months and the trial magistrate was removed from office before the judgment was written. The court finds it more likely that the judgment was written after the removal.
Outcome
The appeal is allowed, and the record of the lower court is remitted back to Chief Magistrate's Court Narok for a fresh judgment.
Orders
- Remit the record of the lower court to Chief Magistrate's Court Narok for a fresh judgment
Remedies
- A fresh judgment in accordance with the provisions of Order 18 Rule 8 (1) of the Civil Procedure Rules
Authorities cited
Legislation (2)
- Vetting of Judges and Magistrates Act of 2011
- Civil Procedure Rules
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