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Joseph Muthee Kamau & another v. David Mwangi Gichuru & Another

(2013) JELR 97020 (CA)

Court of Appeal  •  Civil Appeal 54 of 2009  •  29 May 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The background of this case is that on 31st January, 1998 at 3.00 pm at Waithera Stage in Othaya Township in Nyeri District, the appellants unlawfully and without just cause, assaulted the respondents causing them actual bodily injury. The appellants were jointly charged with the criminal offence of assault and were convicted in Mukurweini Criminal Case No. 47 of 1999. No appeal was filed against that conviction and sentence. The respondents, who were the complainants in the criminal case, filed civil proceedings against the appellants in the Chief Magistrate’s Court at Nyeri claiming general and special damages for the assault.

2. Two separate suits were filed against the appellants being Civil Cases Nos. 410 and 411 of 2000. The two cases were consolidated and a single judgment delivered by the trial court. The issue raised in this appeal is the limit of the pecuniary jurisdiction of the trial court arising from the consolidation.

3. The hearing of the consolid…

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