Eunice Auma Onyango v Salin Akinyi Oluoch [2015] KEHC 1949 (KLR)

Facts

The Respondent filed a civil claim for damages for battery, special damages, costs, and interest against the Appellant in Rongo Principal Magistrates Court. The Appellant was represented by Messrs Nyauke & Company Advocates and moved to appeal out of time.

Issues

1. Whether the trial court misapprehended the law on pleadings
2. Whether the trial court erred in law and fact in awarding special damages
3. Whether the trial court erred in law and fact in holding that the Respondent had been assaulted by the Appellant

Reasoning

The Court found that the trial court's judgment was not based on no evidence, misapprehension, or wrong principles. The Appellant's appeal was based on technicalities.

Outcome

Appeal dismissed

Authorities cited