Customer Support

SHEILA NKATHA MUTHEE
V.
ALPHONCE MWANGEMI MUNGA & ORS. & FRANK HELGE NEUGEBAUER

(2016) JELR 94260 (CA)

Court of Appeal 19 May 2016 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 314 of 2014
Judges:George Benedict Maina Kariuki, Jamila Mohammed, Sankale ole Kantai
Location:Nairobi
Other Citations:Sheila Nkatha Muthee v. Alphonce Mwangemi Munga & others & another [2016] eKLR

JUDGMENT OF THE COURT

This is a first appeal from the ruling of the Industrial Court at Nairobi (Nduma, J. ) delivered on 11th July, 2014. That ruling was as a result of an application where that court was asked to review and/or set aside some orders that had been made on 11th December, 2013. The learned judge considered the application and dismissed it.

As a first appellate court it is our duty to reconsider the evidence, reevaluate it and make our own conclusions. A Court of Appeal will not normally interfere with a finding of fact by the trial court unless it was based on no evidence or it was based on a misapprehension of the evidence or it is shown that the judge acted on wrong principles in reaching the finding that he did -see Sumaria and Another v. Allied Industries Limited [2007] 2KLR 1 or Mwanasokoni v. Kenya Bus Service Limited [1985] KLR 931 Civil Appeal No. 35 of 1985 Mombasa (unreported) for an enunciation of these principles.

What is the background of this matter?

On 15th O…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.