ZIPPORAH N. GICHIA V. SIMON CHEGE

JUDGMENT OF THE COURT

The appellant in this appeal, Zipporah N. Gichia (Zipporah), is displeased with the decision of the High Court which found that the consent judgment entered into with the respondent, Simon Chege (Simon), was valid and binding.

The appeal arises from the decision of the High Court in respect of two appeals which are, Civil Appeal No. 237 of 2009 and HCCA 553 of 2015. The first appeal to the High Court was from the decision of Hon. E.N. Maina, Senior Principal Magistrate, in CMCC 37 of 2003 delivered on 6^th March 2007. And the second arises from a decision of Hon. D.W. Mburu, Principal Magistrate, delivered on 20^th October 2015 in the same case.

The proceedings that have culminated in this appeal are rather convoluted, owing to the numerous and inelegantly drafted applications that have dominated the record. Needless to say, the background to the dispute as discernable is that Zipporah instituted a suit in the Milimani Chief Magistrates’ Court in CMCC No. 13288 of 200…