Barrack v Amimo t/a Blissful (Civil Appeal E101 of 2024) [2025] KEHC 12 (KLR) (10 January 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 12
- Citation
- [2025] KEHC 12 (KLR)
- Decided
- 10 January 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of the Honourable W C Keter delivered on 1.5.2024 in Kisii SCCCOM E053 0F 2024CoramD-F Law, DKN MAGARE, Murgor, Mwera, Sichale
Holding
The court dismissed the appeal, finding that the decision was not erroneous in law.
Facts
Eunice Awuor Barrack filed a claim against Philister Amimo t/a Blissful for Ksh. 200,000 for money had and received on an online chama. She paid Ksh. 1,302,400 but was not paid the full amount. She also claimed interest that was not paid.
Issues
- Whether the adjudicator erred in law in dismissing the Appellant's case
Reasoning
The court held that the appeal was on points of law and that the duty of a second appellate court is to determine matters of law only unless it is shown that the courts below considered matters they should not have considered or failed to consider matters they should have considered.
Outcome
Appeal dismissed
Authorities cited
Cases cited (4)
- Mukisa Biscuit Manufacturing Co. Ltd V. West End Distributors Ltd
- M/s Otieno, Ragot & Company Advocates vs National Bank of Kenya Limited
- Twaher Abdulkarim Mohamed v Independent Electoral and Boundaries Commission
- Independent Electoral and Boundaries Commission & Ano. vs. Stephen Mutinda Mule & 3 others
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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