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Sheila Nkatha Muthee v. Alphonce Mwangemi Munga & others & Frank Helge Neugebauer

(2016) JELR 94260 (CA)

Court of Appeal  •  Civil Appeal 314 of 2014  •  19 May 2016  •  Kenya

Coram
George Benedict Maina Kariuki, Jamila Mohammed, Sankale ole Kantai

Judgement

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 Oc…

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