Case Metadata |
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| Case Number: | Civil Appeal 174 of 2002 |
|---|---|
| Parties: | Agricultural Finance Corporation v Mark J.S. Kisembe,Ronald Yatich Chelagat & Wycliffe Tabani Wepukhulu |
| Date Delivered: | 22 Feb 2006 |
| Case Class: | Civil |
| Court: | Court of Appeal at Eldoret |
| Case Action: | Judgment |
| Judge(s): | Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno |
| Citation: | Agricultural Finance Corporation v Mark J.S. Kisembe & 2 others [2006] eKLR |
| Case History: | (Appeal from a ruling of the High Court of Kenya at Kitale (Etyang, J.) dated 30th November, 2001 in CIVIL CASE NO. 15 OF 2001) |
| Court Division: | Civil |
| Parties Profile: | Corporation v Individual |
| County: | Uasin Gishu |
| History Docket No: | 15 of 2001 |
| History Judges: | Alex George Aluri Etyang |
| Case Summary: | Appeal-where hearing of the appeal was deferred to await the court’s decision on a related appeal between the same parties on the same subject matter-where the judgment in the earlier appeal was delivered and it determined the issue raised in the present appeal-whether the appeal should be allowed |
| History County: | Trans Nzoia |
| Case Outcome: | Appeal Allowed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL OF KENYA
AT ELDORET
CIVIL APPEAL 174 OF 2002
AGRICULTURAL FINANCE CORPORATION……………...…..........…….APPELLANT
AND
MARK J.S. KISEMBE
RONALD YATICH CHELAGAT
WYCLIFFE TABANI WEPUKHULU ……..……………….........……….. RESPONDENT
(Appeal from a ruling of the High Court of Kenya at Kitale (Etyang, J.) dated 30th November, 2001
in
CIVIL CASE NO. 15 OF 2001)
*****************************
JUDGMENT OF THE COURT
The hearing of this appeal was deferred on 17th February, 2005 to await the decision of this Court on a related appeal between the same parties on the same subject matter. That was Civil Appeal No. 92/02. It is confirmed by the parties that judgment in that appeal was delivered on 29th April, 2005 and it largely determined the issue raised in this appeal. We are also informed that the suit that originated this appeal, i.e Kitale HCCC 15/01 was withdrawn with costs to all the defendants in that suit.
The respondents herein are not averse to an order, which the appellant seeks, that this appeal be allowed. The only issue for our decision is the order for costs. We have considered all the circumstances surrounding the dispute and we are inclined to make the order that the appeal be and is hereby allowed. Each party shall bear its own costs of the appeal.
Dated at Eldoret this 22nd day of February, 2006.
R.S.C. OMOLO
………………..
JUDGE OF APPEAL
P.N. WAKI
…....................………..
JUDGE OF APPEAL
J.W. ONYANGO OTIENO
……………………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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