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…E073 of 2019, set aside the judgment delivered on June 2019 and directed a retrial before a different court in the Environment and Land Court (ELC).The Plaintiffs now seek to introduce new documents and amend the pleadings…

…Given that the judgment has been nullified, the report serves no legal or evidentiary purpose ill the retrial.…

…I have come to a conclusion that the order which commend itself to me is an order for retrial. Honourable Justice W.…

…a mistrial, and order a retrial.…

…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.…

…That upon the grant of Order (3) above, the Honourable court be pleased to order for a retrial and or a resurvey and sub-division of LR NO.…

…Prayer 7 is for retrial and resurvey. This prayer can only be available if the judgement and consequent orders are set aside.…

…A retrial would resolve these without abuse, as the merits remain unaddressed.…

…He adds that the Applicant has occupied LR 761 since 199 and argues that a retrial would promote justice under Article 40 on property rights, praying that his application be allowed.…

…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…

…and decree that gave rise to the same were vacated, the dispute concerns a large body of land whose alteration cannot be compensated by an award of costs and that the appeal attacks legal and procedural foundation of the retrial…

…The Applicants contend that the court could not properly order a retrial against newly joined defendants before the plaint was amended, disclosing the claims against them and before summons were issued and served.…

…Looking at the entirety of the application, the responses, and the orders sought, the applicant essentially seeks a retrial of the matter based on gaps that may have emerged from a full trial, seeking a second bite at the…

…I will refrain from discussing the detailed reasons for a retrial, as they are issues that should be addressed in the pending judgment, which is yet to be written. 15.…

…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.…