GICHUHI KIMIRA v SAMUEL NGUNU KIMOTHO & another [1998] KECA 32 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that a single judge's settlement of an order implementing its judgment stands unless a party proves actual error.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the learned single judge erred in settling the terms of the order pursuant to the judgment of the Court delivered on 28th April, 1998
Key legal issues
#Settlement of the terms of an order pursuant to a judgment of the Court of Appeal
The single judge's settlement of the order was correct and is confirmed and approved.
The full Court, hearing the reference by the applicant, found no error in the manner in which the learned single judge (Shah, J.A.) settled the terms of the order implementing the Court's judgment of 28th April, 1998. It expressed agreement with that ruling, confirmed it, approved the order as settled, and dismissed the reference with costs.
Legal principles established
#- A full Court will not interfere with a single judge's settlement of the terms of an order pursuant to that Court's judgment absent demonstrated error.
Court orders
#- 1.The ruling of Shah, J.A. is confirmed
- 2.The order as settled by the single judge is approved
- 3.The reference is dismissed with costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal of Kenya (single judge, ruling of Shah, J.A.)
- Jurisdiction invoked
- Reference to the full Court under the Court of Appeal procedure regarding settlement of the terms of an order pursuant to the Court's judgment delivered on 28th April, 1998
Relief refused
#The applicant's reference challenging the settled terms of the order
The Court could see no error in the single judge's settlement of the order
Costs
The reference is dismissed with costs (costs awarded against the applicant).
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
we cannot see how the learned single judge of this court erred in settling the terms of the order pursuant to the judgment of this court delivered on 28th April, 1998
We confirm the ruling of Shah, J.A. with which we are in agreement. The order is approved as settled by him. This reference is dismissed with costs.
Issues in the judgment
#The judgment is styled 'RULING OF THE COURT' on an appeal (Civil Appeal 186 of 1995) but is in substance a short reference ruling; the underlying judgment of 28th April, 1998 and the single judge's ruling are not reproduced, limiting detail on the dispute.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "GICHUHI KIMIRA v SAMUEL NGUNU KIMOTHO & another [1998] KECA 32 (KLR)", Case Analysis (1998). Civil Appeal 186 of 1995. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/32/eng@1998-12-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.