[2024] KEHC 7866 (KLR)
The court found that the record of appeal was incomplete, as it contained full proceedings only for Milimani CMCCC No. 7315 of 2019 and not for Milimani CMCCC No. 8354 of 2019, despite the appeal purporting to arise from both. There was no evidence of a formal consolidation order in the record. The absence of a...
Source-derived case information.
- Citation
- [2024] KEHC 7866 (KLR)
- Parties
- Appellant: Saida Abubakar; Appellant: Mohamed Yusuf; Appellant: Kadija Mohammed Yusuf; Respondent: Anthony Karume Munge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E785 of 2022
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Completeness of Appeal Record
- Outcome
- Appeal not determined; file returned for completion of record.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record Completeness, Consolidation of Suits, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saida Abubakar
Appellant
Mohamed Yusuf
Appellant
Kadija Mohammed Yusuf
Appellant
Anthony Karume Munge
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Completeness of Appeal Record
Legal Issues
- 1 Whether the appeal record is complete and sufficient for the court to proceed to judgment.
- 2 Whether there was proper consolidation of the two trial court causes.
Ratio Decidendi
The court found that the record of appeal was incomplete, as it contained full proceedings only for Milimani CMCCC No. 7315 of 2019 and not for Milimani CMCCC No. 8354 of 2019, despite the appeal purporting to arise from both. There was no evidence of a formal consolidation order in the record. The absence of a complete record for both causes precludes the court from writing a judgment, as it would be procedurally improper and potentially prejudicial to the parties. The court therefore directed that the file be returned to the registry for the record to be completed before judgment can be written.
Court Disposition
Appeal not determined; file returned for completion of record.
Orders
- The appeal file is returned to the registry at Milimani Law Courts for the Deputy Registrar to cause the record to be completed.
- Upon completion, the file may be returned to the judge for judgment-writing.
Full Case Text
Judgment text and source record
29 paragraphs
Abubakar & another (Suing as the parents and next friend of Abubakar Burur Mohamed) v Munge; Yusuf (Appellant); Munge (Respondent) (Civil Appeal E785 of 2022) [2024] KEHC 7866 (KLR) (Civ) (1 July 2024) (Ruling)
Neutral citation: [2024] KEHC 7866 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E785 of 2022
WM Musyoka, J
July 1, 2024
Between
Saida Abubakar
1st Appellant
Mohamed Yusuf
2nd Appellant
Suing as the parents and next friend of Abubakar Burur Mohamed
and
Anthony Karume Munge
Respondent
and
Kadija Mohammed Yusuf
Appellant
and
Anthony Karume Munge
Respondent
(An appeal arising from the judgment of Hon. SA Opande, Principal Magistrate, PM, delivered on 8th September 2022, in Milimani CMCCC No. 7315 of 2019)
Ruling
1. The proceedings that were conducted by the trial court were a little convoluted, and it would appear that that has spilled over to the appeal. I say so because looking at the heading or title of the appeal, in the memorandum of appeal dated 4th October 2022. It would appear that there are really 2 appeals in 1, one in respect of Milimani CMCCC No. 7315 of 2019 and the other in respect of Milimani CMCCC No. 8354 of 2019.
2. Although there were 2 causes at the trial court, that were allegedly consolidated, the record of appeal filed herein, dated 22nd August 2023, relates largely to only 1 of those causes, Milimani CMCCC No. 7315 of 2019, although copies of pleadings in Milimani CMCCC No. 8354 of 2019 are in the record. I see typed proceedings in Milimani CMCCC No. 7315 of 2019 in the record of appeal, I have not seen those in Milimani CMCCC No. 8354 of 2019, and I have not come across any order for the consolidation of the 2. Of the 2 original trial records, only the file in Milimani CMCCC No. 7315 of 2019 has been placed in this appeal file, that in Milimani CMCCC No. 8354 of 2019 has not been availed.
3. In view of the above, the appeal record is not complete, and I am reluctant to go ahead and write a judgment. I shall return the appeal file to the registry at Milimani law courts, for the Deputy Registrar to cause the record to be completed, after which the file may be returned to me for judgment-writing.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 1STDAY OF JULY 2024W MUSYOKAJUDGEMs. Veronica, Court Assistant, Milimani, Nairobi.Mr. Arthur Etyang, Court Assistant, Busia.AdvocatesMr. Ntogati, instructed by Lilian Amere Machio & Company, Advocates for the appellants.Mr. Chasia, instructed by Ochieng Opiyo & Company, Advocates for the respondents.