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Kagwiria Mutwiri Kioga & Siriaka Mwonjiru Kinyua v. Standard Limited, Patrick Muthangania, Kipkoech Tanui & Nixon Ng'ang'a

(2015) JELR 100290 (CA)

Court of Appeal  •  Civil Appeal 109 of 2011  •  14 Oct 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This appeal is against the dismissal by Emukule J on 21st May 2010 of two suits filed at the High Court in Meru. The two, HCCC 84 and HCCC 85, both of 2005, were filed by KAGWIRIA MUTWIRI KIOGA (Kioga) and SIRIAKA MWONJIRU KINYUA (Kinyua), respectively. The duo are the appellants herein and had sued the Standard Limited, Patrick Muthangania, Kipkoech Tanui and Nixon, who are the respondents herein.

The learned Judge seems to have proceeded on the basis that the two High Court suits, arising from the same facts, had been consolidated and he dismissed Kinyua’s suit on the basis of her not offering any evidence in support of her claim. It is conceded by the respondents herein that the said dismissal, which is the subject of Ground 7 of the Memorandum of Appeal herein, was erroneous as Kinyua’s suit had not come up for hearing and so it was dismissed unheard. The appeal to that extent partially succeeds and we shall say no more of Kinyua’s case.

Kioga filed suit against…

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