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Court of AppealAllowedCivil Appeal 130 of 1996

Calistus Ochieno Oyalo & 4 others v Aoko & another [1998] KECA 34 (KLR)

Court of Appeal of Kenya
16 June 1998
CHChesoniOMOmoloJGJ. E. Gicheru
140 words in judgment
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The bottom line

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Kenya's Court of Appeal unanimously overturned a Kakamega High Court ruling in this family civil dispute, though the detailed reasoning sits in judgments not fully reproduced here.

What this practically means

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Executive summary

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This is an appeal to the Court of Appeal at Kisumu (Civil Appeal 130 of 1996) against the ruling of the High Court of Kenya at Kakamega (Tanui, J.) dated 26 July 1995 in H.C.C.C. No. 17 of 1994. The appellants were Calistus Ochieno Oyalo, suing as next friend of three minors (Sylvia, Kevina and Xaviour Ochieno Oyalo), together with Victoria Auma; the respondents were Mr. and Mrs. Aoko. The judgment as reproduced comprises only the short concurring judgment of Gicheru, J.A., who recorded that he had read the draft judgments of Chesoni, C.J. and Omolo, J.A. and agreed that the appeal be allowed in terms of the orders proposed by Omolo, J.A. The appeal was therefore allowed, meaning the High Court ruling was reversed, but the substantive reasoning and the precise orders of the majority are contained in the judgments of Chesoni, C.J. and Omolo, J.A., which are not reproduced in the excerpt. The judgment was dated and delivered at Kisumu on 16 June 1998. Because the main judgments are absent, the issues for determination, the reasoning, the costs order and the detailed final orders cannot be reliably extracted from this text, and no holdings or binding propositions are recorded beyond the disposition itself.

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.Appeal allowed in terms of the orders proposed by Omolo, J.A. (the specific orders appear in the judgment of Omolo, J.A., which is not reproduced in the excerpt)

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    CH
    majority
    OM
    majority
    JG
    concurring

    Wrote the judgment

    Gicheru JA wrote a short concurring judgment agreeing with the draft judgments of Chesoni CJ and Omolo JA and that the appeal be allowed in the terms proposed by Omolo JA.

    I have had the advantage of reading in draft the judgments of Chesoni, C.J. and Omolo, J.A. and I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.p. 1
    On appeal from
    High Court of Kenya at Kakamega
    H.C.C.C. No. 17 of 1994
    Jurisdiction invoked
    First appeal to the Court of Appeal from the High Court (statutory appellate jurisdiction; specific provision not stated in the excerpt)

    Quotable passages

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    Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

    I agree that this appeal be allowed in terms of the orders proposed by Omolo, J.A.
    p. 1disposition

    Issues in the judgment

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    material

    The excerpt contains only the concurring judgment of Gicheru, J.A.; the substantive judgments of Chesoni, C.J. and Omolo, J.A., which contain the reasoning and the specific orders, are missing, so holdings, questions for determination, costs and final orders cannot be extracted.

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Calistus Ochieno Oyalo & 4 others v Aoko & another [1998] KECA 34 (KLR)", Case Analysis (1998). Civil Appeal 130 of 1996. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/34/eng@1998-06-16

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.