'1. The applicant was aggrieved by the Judgment of Hon. Moguche in PMCC no E043 of 2033 at Etago Law courts and filed the appeal herein though the Memorandum of appeal dated 24.4.24 drawn by Meritad law LLP Advocates .
2. The appellant proceeded to deposit part of the decretal sum with the respondent’s advocate .
3. The applicant proceeded to appoint the firm KWEM advocates to act for him in the lower court and filed a motion dated 25.7.24 for setting aside of the said Judgment without the knowledge and instructions of It’s insurer .
4. The firm of Meritad Law LLP Advocates later proceeded to file Notice of withdrawal of the appeal dated 30.7.24 which was adopted on 31.7.24 and the appeal was marked as withdrawn .
5. The application in the primary suit was later withdrawn at the instance of the Counsel for appellant. The insurer of the applicant and the respondent’s counsel later negotiated the matter and a partial was reached and payment of Kshs. 692,074 was made to the respondent to secure the appeal .Further Negotiations later failed and hence the insurer of the applicant gave instructions that the appeal proceed and hence the applicant filed the instant motion dated 25.7.24 seeking to re-instate the appeal . By consent dated 1.8.24 between M/s Angasa & Co advocates and Meritad Law LLP. It was agreed that the motion dated 25.7.24 be withdrawn . Clause 3 says that the Kshs. 461,025/= be deposited in a joint interest earning account in the joint names of both counsel on record for parties herein.
6. The application is not opposed .
7. I have considered the application and the record of the lower court and this file. Though the consent dated 1.8.24 does not expressly provide that the balance will be deposited in the joint interest earning account pending appeal . it is clear that the parties had an intention to re-open the appeal . The respondent will not be prejudiced by reopening of the appeal considering the peculiar circumstances of this case. I allow the motion dated 11.4.25 .
8. The appeal is re-opened .Record of appeal be filed and served within 21 days from today. . Mention on 27.10.25 for Directions before the DR
T.A ODERA
JUDGE
22.9 .25
DELIVERED VIRTUALLY VIA TEAM PLATFORM IN THE PRESENCE OF Miss Rweya holding brief for Mr Ochonga for appellant. Atisi H/b for Miss Angasa for respondent
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2. The appellant proceeded to deposit part of the decretal sum with the respondent’s advocate .
3. The applicant proceeded to appoint the firm KWEM advocates to act for him in the lower court and filed a motion dated 25.7.24 for setting aside of the said Judgment without the knowledge and instructions of It’s insurer .
4. The firm of Meritad Law LLP Advocates later proceeded to file Notice of withdrawal of the appeal dated 30.7.24 which was adopted on 31.7.24 and the appeal was marked as withdrawn .
5. The application in the primary suit was later withdrawn at the instance of the Counsel for appellant. The insurer of the applicant and the respondent’s counsel later negotiated the matter and a partial was reached and payment of Kshs. 692,074 was made to the respondent to secure the appeal .Further Negotiations later failed and hence the insurer of the applicant gave instructions that the appeal proceed and hence the applicant filed the instant motion dated 25.7.24 seeking to re-instate the appeal . By consent dated 1.8.24 between M/s Angasa & Co advocates and Meritad Law LLP. It was agreed that the motion dated 25.7.24 be withdrawn . Clause 3 says that the Kshs. 461,025/= be deposited in a joint interest earning account in the joint names of both counsel on record for parties herein.
6. The application is not opposed .
7. I have considered the application and the record of the lower court and this file. Though the consent dated 1.8.24 does not expressly provide that the balance will be deposited in the joint interest earning account pending appeal . it is clear that the parties had an intention to re-open the appeal . The respondent will not be prejudiced by reopening of the appeal considering the peculiar circumstances of this case. I allow the motion dated 11.4.25 .
8. The appeal is re-opened .Record of appeal be filed and served within 21 days from today. . Mention on 27.10.25 for Directions before the DR
T.A ODERA
JUDGE
22.9 .25
DELIVERED VIRTUALLY VIA TEAM PLATFORM IN THE PRESENCE OF Miss Rweya holding brief for Mr Ochonga for appellant. Atisi H/b for Miss Angasa for respondent
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