Chesseto v Mercy Akinyi Otieno (Suing as the Personal Representative of the Estate of Tyra Judith Achieng-Deceased) [2022] KEHC 615 (KLR)

Chesseto v Mercy Akinyi Otieno (Suing as the Personal Representative of the Estate of Tyra Judith Achieng-Deceased) (Civil Appeal E001 of 2022) [2022] KEHC 615 (KLR) (27 April 2022) (Ruling)

Neutral citation: [2022] KEHC 615 (KLR)

Republic of Kenya

In the High Court at Siaya

Civil Appeal E001 of 2022

RE Aburili, J

April 27, 2022

Between

Charles Chesseto

Appellant

and

Mercy Akinyi Otieno (Suing as the Personal Representative of the Estate of Tyra Judith Achieng-Deceased)

Respondent

(An Appeal arising from Judgment of Hon. J.P. Nandi, Principal Magistrate delivered on 2nd December 2021 in Bondo PMCC No. 54 of 2020)

Ruling

1. I have read the consent filed in court on 24/3/2022 and dated 16/3/2022 signed by Ouma Njoga and Company Advocates and Odongo Awino and Company Advocates to the effect that, “The award on damages for loss of dependency is hereby reduced to Kshs. 700,000/= and that there shall be no order as to costs”.

2. The said consent is hereby adopted as an order of this court settling this appeal, as between the parties.

3. Accordingly, this appeal is marked as settled and the file is closed. The consent order to be extracted and a copy filed in the lower court file which should be resubmitted to the lower court in Bondo Principal Magistrate’s Court.

4. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF APRIL, 2022R.E. ABURILIJUDGE