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…The court ordered that the matter be remitted back to the trial court for retrial and determination.…

…The respondent’s advocate’s position was that this court in HCCA 23 of 2019 ordered for a retrial based on the evidence adduced.…

…The Appellant prays for either an outright dismissal of the Respondent’s claim or a retrial before a different magistrate. 39.…

…This Court is of the considered view that the interests of justice are best served by a retrial.…

…There is no need for a retrial as the evidence is complete.; second, ordering a retrial would cause unnecessary delay and expense to the parties.…

…A retrial would further delay the resolution of the matter and prejudice the Appellants; third, this court has the power to enter judgment on liability and quantum.…

…The principle, set there, is that a first appeal is handled, by the appellate court, by way of a retrial, in the sense that the first appellate court must reconsider the evidence, evaluate it itself and draw its own conclusions…

…To enable the first appellate court, discharge its duty and function as such, the retrial, along the lines envisaged in Selle & Another vs. Associated Motor Boat Co.…

…The applicant has even started paying the decretal sum in Kimilili PMCC No. 43 of 2010 to the respondents, and if this court allows a retrial, then if he succeeds on a fresh hearing, the respondents will refund the money…

…A retrial would have been necessary in the lower court proceedings. The memorandum of appeal has no such ground. The said judgment in the skeleton file was the subject of this appeal.…

…of which The appellant seeks the following reliefs; 1) That the appeal be allowed with costs. 2) That the judgment of the Small Claims Court delivered on 3rd November 2023 be set aside. 3) That the matter be remitted for retrial…

…Order; 1) That the appeal is allowed with costs. 2) That the judgment of the Small Claims Court delivered on 3rd November 2023 be set aside. 3) That the matter is hereby remitted for retrial before a different adjudicator…

…2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief; and that in the interest of justice an order for retrial…

…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…

…In other words, a first appeal is by way of retrial and this court, as the first appellate court, has a duty to re-evaluate, re-analyze and re-consider the evidence and draw its own conclusions, of course bearing in mind…

…An appeal to this court ... is by way of retrial and the principles upon which this court acts in such an appeal are well settled.…

…In other words, a first appeal is by way of retrial and this court, as the first appellate court, has a duty to re-evaluate, re-analyse and re-consider the evidence and draw its own conclusions, of course bearing in mind…

…An appeal to the Court of Appeal from a trial by the High Court is by way of a retrial and the principles upon which the Court of Appeal acts are that the court must reconsider the evidence, evaluate it itself and draw its…

…In other words, a first appeal is by way of retrial and this court, as the first appellate court, has a duty to re-evaluate, re-analyse and re-consider the evidence and draw its own conclusions, of course bearing in mind…

…In Gitobu Imanyara & 2 others v Attorney General [2016] eKLR, the Court of Appeal stated as follows on the role of the first appellate court: “[A]n appeal to this Court from a trial by the High Court is by way of retrial…

…In SELLE and Another -vs- ASSOCIATED MOTOR BOAT COMPANY LTD & Others [1968] 1 E.A 123 it was stated that “An appeal to this court from the High Court is by way of retrial and the principles upon which this court acts in such…

…Likewise in GITOBU IMANYARA & 2 Others -vs- ATTORNEY GENERAL [2016] eKLR, the Court of Appeal stated as follows:- “An appeal to this court is by way of a retrial and the principles upon which this court acts in such an appeal…

…In other words, a first appeal is by way of retrial and this court, as the first appellate court, has a duty to re-evaluate, re-analyse and re-consider the evidence and draw its own conclusions, of course bearing in mind…

…In Gitobu Imanyara & 2 others vs Attorney General [2016] eKLR, the Court of Appeal stated that; “[A]n appeal to this Court from a trial by the High Court is by way of retrial and the principles upon which this Court acts…

…The court is equally aware that an appeal to this court is by way of retrial and this court is not bound by the findings of the trial court merely because it did not have the advantage of hearing the witnesses testify and…

…An appeal to this court from a trial court .....is by way of retrial and the principles upon which this court acts in such an appeal are well settled.…

…The court is equally aware that an appeal to this court is by way of retrial and this court is not bound by the findings of the trial court merely because it did not have the advantage of hearing the witnesses testify and…

…An appeal to this court from a trial court .....is by way of retrial and the principles upon which this court acts in such an appeal are well settled.…

…At the same time, I will also bear in mind the fact that an appeal to this court is by way of retrial and this court is not bound by the findings of the trial court merely because it did not have the advantage of hearing…

…An appeal to this court from a trial court .....is by way of retrial and the principles upon which this court acts in such an appeal are well settled.…

…In the circumstances, I hold that this is a good case for retrial. It is noteworthy that the appellant has not appealed the adjustor’s finding on liability.…

…The retrial shall therefore be limited to the issue of quantum. I therefore allow this appeal and order as follows; The finding of the adjudicator on liability is upheld and retained.…

…In SELLE and Another -vs- ASSOCIATED MOTOR BOAT COMPANY LTD & Others [1968] 1 E.A 123 it was stated that “An appeal to this court from the High Court is by way of retrial and the principles upon which this court acts in such…

…Likewise in GITOBU IMANYARA & 2 Others -vs- Attorney general [2016] eKLR , the Court of Appeal stated as follows:- “An appeal to this court is by way of a retrial and the principles upon which this court acts in such an appeal…

…An appeal to this court ... is by way of retrial and the principles upon which this court acts in such an appeal are well settled.…

…In other words, a first appeal is by way of retrial and this court, as the first appellate court, has a duty to re-evaluate, re-analyse and re-consider the evidence and draw its own conclusions, of course bearing in mind…

…In Gitobu Imanyara & 2 others v Attorney General [2016] eKLR, the Court of Appeal stated that: “[A]n appeal to this Court from a trial by the High Court is by way of retrial and the principles upon which this Court acts in…