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Court of AppealDismissedCivil Appeal 186 of 1995· [1998] KECA 32 (KLR)
GICHUHI KIMIRA v SAMUEL NGUNU KIMOTHO & another [1998] KECA 32 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal confirmed that a single judge's settlement of an order implementing its judgment stands unless a party proves actual error.
What this practically means
#Executive summary
#This is a brief ruling of a three-judge bench of the Court of Appeal at Nairobi (Omolo, Tunoi and Owuro, JJA) delivered on 10th December 1998 in Civil Appeal 186 of 1995, Gichuhi Kimira v Samuel Ngunu Kimotho & Simon Mugweru Wathirwa. The matter came before the full Court as a reference by the applicant, through counsel Mr. Muthoga, challenging the manner in which a learned single judge of the Court of Appeal (Shah, J.A.) had settled the terms of the order to give effect to the Court's judgment delivered on 28th April 1998. The underlying litigation originated in H.C.C.C. No. 880 of 1977, consolidated with H.C.C.C. No. 908 of 1977, before Akiwumi, J, whose judgment and decree of 6th October 1989 had earlier been the subject of appeal. The full Court, with respect to counsel's submissions, held that it could not see how the single judge had erred in settling the terms of the order. It confirmed the ruling of Shah, J.A., approved the order as settled by him, and dismissed the reference with costs. The ruling is unanimous and contains no separate opinions, no cited authorities, and no statutory provisions. Its binding significance lies in the confirmation that a full Court will not disturb a single judge's settlement of an order implementing that Court's judgment absent demonstrated error.
Key legal issues
#01
Settlement of the terms of an order pursuant to a judgment of the Court of Appeal
Holding
The single judge's settlement of the order was correct and is confirmed and approved.
Reasoning
The full Court, hearing the reference by the applicant, found no error in the manner in which the learned single judge (Shah, J.A.) settled the terms of the order implementing the Court's judgment of 28th April, 1998. It expressed agreement with that ruling, confirmed it, approved the order as settled, and dismissed the reference with costs.
p. 1
Legal principles established
#- A full Court will not interfere with a single judge's settlement of the terms of an order pursuant to that Court's judgment absent demonstrated error.
Court orders
#- 1.The ruling of Shah, J.A. is confirmed
- 2.The order as settled by the single judge is approved
- 3.The reference is dismissed with costs
- On appeal from
- Court of Appeal of Kenya (single judge, ruling of Shah, J.A.)
- Jurisdiction invoked
- Reference to the full Court under the Court of Appeal procedure regarding settlement of the terms of an order pursuant to the Court's judgment delivered on 28th April, 1998
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "GICHUHI KIMIRA v SAMUEL NGUNU KIMOTHO & another [1998] KECA 32 (KLR)", Case Analysis (1998). Civil Appeal 186 of 1995. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/32/eng@1998-12-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.