Search court decisions

…On adoption of the “global” or lump-sum award” approach, J.…

…However, since neither of the parties advanced adoption of the “global award” method, which issue was thus not canvassed before the trial Court or in this Appeal, I will leave it that since, in any case, adoption of the “…

…I have also reviewed a number of other decisions, and noted quite a variation in the adoption of a multiplier for someone aged 36 or thereabouts. In Kenya Power & Lighting Company Limited vs.…

…On the dependency ratio, I doubt that this should be made an issue in this appeal, as the appellant proposed adoption of a dependency ratio of 2/3, at the trial, and the trial court adopted it.…

…entered into by the parties to refer the matters in the series herein to arbitration for reasons the parties had not taken steps to appoint an Arbitrator and had also not set the time within which to file the award for adoption…

…It must be noted that the partial settlement agreement upon adoption by the court became a consent judgment which was binding on both parties.…

…Upon adoption it became a binding court order and was in fact tantamount to a legally contract binding between the parties which set out the responsibility of each party towards the maintenance of the minors. 25.…

…They are not available for adoption as evidence. What can be adopted, in that manner, with the concurrence of all the parties in the matter, is the witness statement.…

…The purported adoption of the defence was of no effect. 13. In view of what I have discussed above, it is my finding and holding that the appeal herein has no merit.…

…even date and he craves that his undated application for stay of execution that is due for delivery of ruling on 30.9.2026 before this court and his entire appeal be marked as withdrawn with no orders as to costs, upon adoption…

…The Applicant also sought that the court issues an order for adoption of new evidence in relation to the Respondent’s document in page 109 of the ROA and assess damages for loss of income to the tune of Kshs. 3,883,840/=…

…As argued by the Respondent in their submissions the Applicant is essentially asking the court to reassess damages for loss of income and adoption new evidence in a matter which the court adjudicated upon in its jurisdiction…

…When consent is adopted, it becomes the judgment and order of the court and a decree or order is then issued bringing the matter to a conclusion. the disputed minutes were not brought to court for adoption and to have the…

…I find therefore that there is no consent before the court for adoption and thus the matter is not marked as settled. Whether orders of stay of execution should issue.…

…The appellant submits that the blanket adoption of a 2/3 ratio in the absence of such proof was therefore erroneous.…

…However, given the separation of the deceased and his wife, the absence of testimony from the wife, lack of marriage/birth certificates, and the Chief’s letter’s limitations (as argued by the Appellant), the trial court’s adoption…

…However, since the issue of multiplier of fifteen (15) and dependency ratio of two thirds (2/3) were not contested, it found it prudent to focus on the issue of the multiplicand and in particular, the Trial court’s adoption…

…The adoption of a multiplicand of Kshs. 10,000/= by the Trial Court was, therefore, not anchored on proved earnings. 21.…

…In the circumstances of the original case, the adoption of the global approach in assessment of the award under the head of loss of dependency/lost years was, in my finding appropriate and most suited.…

…I find no fault in the adoption of the same by the trial court. I further find that the trial court did not fail to consider any relevant fact not did it consider an irrelevant one.…

…E097 of 2022 regarding liability and adoption of evidence of PW1 and PW2 do apply as well as the adoption of the 1 st Respondent’s second medical report as the Appellants’ exhibit.…

…It is the adoption of that consent, and the consequential staying of the pending ruling, that the present application seeks. 4.…

…Applicants seek, inter alia, orders that this Court do correct, vary and/or set aside what they describe as errors apparent on the face of the record in the judgment dated 10th July 2025, that certain findings relating to adoption…

…In our set ups we have kinship adoptions and guardianships that are more often than not registered under any regime. The Children Act 2022, provides for the recognition of these.…

…It is trite that these kinship adoptions and guardianships come with the full parental responsibilities where the relative living with the ‘child’ becomes the parent for all purposes. 24.…

…I have considered the application as made, seeking adoption of the notice of withdrawal in its entirety. The sole issue arising is whether the Respondent is entitled to costs upon the withdrawal of the appeal. 8.…

…I have considered the application as made, seeking adoption of the notice of withdrawal in its entirety. The sole issue arising is whether the Respondent is entitled to costs upon the withdrawal of the appeal. 8.…

…On the dependency ratio, counsel faulted the trial court for adopting two-thirds in the absence of a chief’s letter, birth certificates or any other proof of the existence and extent of dependency, and urged the adoption…

…The ratio of two-thirds is the conventional ratio for a breadwinner with a young family, and I discern no error of principle in its adoption. 30.…

…I have considered the application as made, seeking adoption of the notice of withdrawal in its entirety. The sole issue arising is whether the Respondent is entitled to costs upon the withdrawal of the appeal. 8.…