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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in the judgment

Evanson Gitau v R & K Investments Ltd [2002] KECA 258 (KLR)

Court of Appeal of Kenya
6 May 2002
81 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal cut a court-ordered payment to KShs 63,734, confirming that a judge can revisit amounts set by the court's registrar.

What this practically means

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Executive summary

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This document is a short single-judge ruling of the Court of Appeal of Kenya, made at Nairobi on 6 May 2002 by A. A. Lakha, Judge of Appeal. It determines a reference in which the court was asked to review the discretion previously exercised by the Deputy Registrar in fixing a balance; the nature of the balance (for example security for costs or taxed costs) and the originally fixed amount are not stated in the document. Having heard counsel, Lakha JA accepted the submissions of Mr. Kithinji and held that the matter was a proper case for a review of the Deputy Registrar's discretion. He accordingly reduced the balance to Kenya Shillings 63,734 and made no order as to the costs of attending on the reference, meaning each side bears its own attendance costs. The ruling is interlocutory and discretionary. It contains no caption, case number, neutral citation, or named parties; the only individual identified apart from the judge is Mr. Kithinji, counsel. No authorities, statutes, or constitutional provisions are cited, and no reasons are recorded beyond the court's adoption of counsel's arguments. The document concludes with a Deputy Registrar's certification that it is a true copy of the original. Because the ruling articulates no principle of general application and decides only the quantum of a balance on the facts of this reference, its precedential weight is limited; its operative effect is the substitution of the reduced figure and the costs order. The decision below was varied to the extent of the reduction.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether this was a proper case for the Court to review the discretion exercised by the Deputy Registrar.
  2. 2.What amount the balance should be fixed at upon such review.

Key legal issues

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01

Whether the discretion exercised by the Deputy Registrar in fixing the balance ought to be reviewed and the balance reduced.

Holding

Yes. The court held it a proper case for review of the Deputy Registrar's discretion and reduced the balance to K.Shs.63,734/=, making no order as to the costs of attendance on the reference.

Reasoning

The ruling records only the outcome of the review. The judge heard counsel, was persuaded by Mr. Kithinji's arguments, and adopted 'the reasons he advanced' as the basis for interfering. No independent reasons for disturbing the Deputy Registrar's discretion are set out in the document. The court then substituted its own figure of K.Shs.63,734/= for the balance and declined to award the costs of attending on the reference. Because the ruling is so abbreviated, the factors guiding the interference cannot be recovered from the text itself.

p. 2

Legal principles established

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  • On a reference, a Judge of Appeal may interfere with the discretion exercised by the Deputy Registrar and vary the amount the Deputy Registrar has fixed, where satisfied that it is a proper case for such review.

Court orders

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  1. 1.The balance fixed by the Deputy Registrar is reduced to K.Shs.63,734/=.
  2. 2.No order as to costs for attendance on the reference.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Deputy Registrar
Jurisdiction invoked
Not stated in the judgment; the matter came before a single Judge of Appeal as a reference seeking review of the discretion exercised by the Deputy Registrar, but no constitutional or statutory provision is cited.

Relief refused

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Costs of attendance on the reference

The court declined to make any award of costs for attendance on the reference, leaving each side to bear its own attendance costs.

p. 2

Costs

No order as to costs for attendance on this reference (each party to bear its own costs of attendance). Verbatim: 'I will make no order as to costs for attendance on this reference.'

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Accordingly and for the reasons he advanced, I reduce the balance to K.Shs.63,734/= .
p. 2Final order - reduction of the balance fixed by the Deputy Registrar
I will make no order as to costs for attendance on this reference.
p. 2Final order - costs of the reference
Having heard counsel, I am persuaded by Mr. Kithinji that this is a proper case for a review of the discretion exercised by the Deputy Registrar.
p. 2Power on reference to review the Deputy Registrar's discretion

Issues in the judgment

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material

The document is a fragment: it opens mid-ruling with no caption, case title, case number, neutral citation, or named parties; only counsel (Mr. Kithinji) and the judge are identified, so the parties and their roles cannot be established from the text.

minor

The nature of the 'balance' reduced (for example, security for costs or taxed costs) and the amount originally fixed by the Deputy Registrar are nowhere stated, so the magnitude of the variation ordered cannot be assessed.

minor

The text is a Deputy Registrar's certified copy rather than the original signed ruling, which limits verification of the operative text.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Evanson Gitau v R & K Investments Ltd [2002] KECA 258 (KLR)", Case Analysis (2002). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/258/eng@2002-05-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.