Case ID:176046

Ndeti Muli & another v Hogla Mkando Omari & another [2021] eKLR

Case Metadata

Case Number:

Civil Appeal 51 of 2018

Parties:

Ndeti Muli & Albert Phillip Katiti v Hogla Mkando Omari & John Kilelu

Date Delivered:

31 May 2021

Case Class:

Civil

Court:

High Court at Machakos

Case Action:

Judgment

Judge(s):

George Vincent Odunga

Citation:

Ndeti Muli & another v Hogla Mkando Omari & another [2021] eKLR

Advocates:

Ms Odembo for the Respondent

Case History:

(Being Appeals from Judgement of the Hon. Magistrate at Machakos Law Courts by Hon. Kibiru dated 18/4/2018 from Machakos Chief Magistrates Court Civil Case Nos. 198 of 2013)

Court Division:

Civil

County:

Machakos

Advocates:

Ms Odembo for the Respondent

History Docket No:

Civil Case Nos. 198 of 2013)

History Magistrate:

Hon. Kibiru

History Advocates:

One party or some parties represented

History County:

Machakos

Case Outcome:

Appeal dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

(APPELLATE SIDE)

(Coram: Odunga, J)

CIVIL APPEAL NO. 51 OF 2018

NDETI MULI...........................................................................................................1

ST

APPELLANT

ALBERT PHILLIP KATITI..................................................................................2

ND

APPELLANT

VERSUS

HOGLA MKANDO OMARI................................................................................1

ST

RESPONDENT

JOHN KILELU......................................................................................................2

ND

RESPONDENT

(Being Appeals from Judgement of the Hon. Magistrate at Machakos Law Courts by Hon. Kibiru

dated 18/4/2018 from Machakos Chief Magistrates Court Civil Case Nos. 198 of 2013)

BETWEEN

HOGLA MKANDO OMARI and JOHN KILELU

(Suing as administrators of the Estates of Joseph Mwakilili Mulonza (Deceased) ..........PLAINTIFF

VERSUS

NDETI MULI...............................................................................................................1

ST

DEFENDANT

ALBERT PHILLIP KATITI.......................................................................................2

ND

DEFENDANT

KETER KIPROTICH................................................................................................3

RD

DEFENDANT

JUDGEMENT

1. The subject of this appeal is Machakos CMCC No. 198 of 2013, a suit instituted by the Respondents herein against the Appellants for damages arising from a road traffic accident which occurred on 18

th

August, 2010 in which the deceased sustained fatal injuries.

2. On 16

th

January, 2018, a consent judgement was entered in the said matter in which liability was entered for the Respondents against the Appellant at the ratio of 80:20 and the parties agreed that the plaintiff’s claim supporting documents be admitted as evidence without calling the makers and that the parties proceed to file written submissions on quantum of damages.

3. This appeal is related to High Court Civil Appeals Nos. 50 and 51 of 2018 which appeals arise from the same cause of action. On 25

th

January, 2021, this Court directed the parties to file and exchange their submissions on the appeal. The matter was then listed for further orders on 24

th

February, 2021. On that day, the parties were directed to furnish the soft copies of their filed documents to court.

4. As at the time of writing this judgement, only the Respondent’s submissions were on record in all the three appeals. The Appellant only filed the Submissions in HCCA No. 50 of 2018. Similarly, only the Respondent furnished the Court with the soft copies.

5. As the appellant failed to file the submissions which was the mode of prosecuting the appeal, there is no material on the basis of which this appeal can succeed.

6. In the premises, this appeal fails and is dismissed with costs to the Respondent. It is so ordered.

Read, signed and delivered virtually at Machakos this 31

st

day of May, 2021

G V ODUNGA

JUDGE

Delivered in the presence of:

Ms Odembo for the Respondent

CA Geoffrey