Abdi Yusuf v Faith Kinya Kiaira & 2 others [2019] KEHC 2805 (KLR)
- Court
- High Court of Kenya
- Case number
- 2805
- Citation
- [2019] KEHC 2805 (KLR)
- Decided
- 30 October 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree by Hon. L. Ambasi, Chief Magistrate in Meru Chief Magistrate’s Civil Suit No. 613 of 2010CoramA. C. MRIMA, A. MABEYA
Holding
The appeal is struck out with costs due to the absence of the order granting leave to file the appeal out of time.
Facts
John Paul Kiaira Kaburu was fatally injured in a road traffic accident. The 1st and 2nd Respondents filed a civil suit against Abdi Yusuf and Geoffrey Kabiro Mucheke, finding Abdi Yusuf wholly liable for the accident and awarding damages of Kshs. 4,094,684.
Issues
- whether the court erred in wholly apportioning liability to the Appellant
- whether the awards were excessive
Reasoning
The court found that the appeal was filed out of time without leave of the court, rendering the appeal incomplete and incompetent.
Outcome
The appeal is struck out with costs.
Orders
- The appeal is struck out with costs.
Authorities cited
Legislation (2)
- Section 65(1) of the Civil Procedure Act
- Section 79G of the Civil Procedure Act
Cases cited (2)
- Kakamega Election Petition Appeal No. 3 of 2018 Elvis Anyimbo Sichenga v Orange Democratic Movement & 4 Others (2016) eKLR
- Civil Application No. 20 of 2014 Bwana Mohamed Bwana (supra)
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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