Mary Muthoni Makanga v Beatrice Wanjiku Kariuki [2020] KEHC 349 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

CIVIL APPEAL 45 OF 2016

MARY MUTHONI MAKANGA................................APPELLANT

VERSUS

BEATRICE WANJIKU KARIUKI............................RESPONDENT

(Being an appeal from the Judgment and Decree of Hon. John Aringo RM delivered on the 22/07/2016 in

Nyeri CMCC No.99 of 2015}

JUDGMENT

FACTS

1.  This matter originates from a court order made in Civil Case No.819 of 2006 dated 7/05/2006

2. The appellants being dissatisfied with the ruling that was delivered on the 9/10/2017 appealed against it in its entirety; and listed thirteen (13) grounds of appeal as are set out in their Memorandum of Appeal dated 27/10/2017are as summarized inter alia;

3. The appellants were represented by learned counsel Mr.Abwour whereas the respondent was unrepresented and acted in person; the appeal was canvassed by way of written submissions; hereunder is a summary of the rival submissions;

APPELLANTS SUBMISSIONS

4.   The appellants contend

RESPONDENTS SUBMISSIONS

5.   In response the respondent submitted that the facts

ISSUES FOR DETERMINATION

6.  Having perused the trial court’s proceedings and read the written submissions of the respective parties herein, the following are the issues found by this court for determination;

ANALYSIS

7. Being the first appellate court it is incumbent upon this court to re-evaluate the evidence on record and arrive at an independent conclusion. Refer to the case of Arrow Cars Limited V. Bimomo & 2 Others,C.A. No. 344 OF 2004.

FINDINGS

8.  For the reasons set out above this court makes the following findings;

DETERMINATION

9.  The appeal is found to be partially successful;

10. The appellant is found to be initially indebted to the respondent in the sum of Kshs.139,000/-; of which sum the appellant is found to have paid the Kshs.30,000/- to the respondent;

11. The decision of the trial court in CMCC No. 99 of 2015 is hereby set aside; and substituted with a judgment in favor of the respondent in the sum of Kshs.109,000/- together with costs;

12. There shall be interest on the sum of Kshs.109,000/ at court rates from the date of the judgment until payment in full;

13. The appellant shall bear the costs of the appeal;

Orders Accordingly.

Dated, Signed and Delivered at Nyeri this 12th day of March, 2020.

HON.A. MSHILA

JUDGE