[2024] KEHC 5732 (KLR)
The court held that it is unable to prepare judgment in the appeal because the original trial court records have not been availed. The absence of the record is a procedural impediment, as the appellate court must review the lower court's proceedings and evidence before rendering a decision. The judge directed that...
Source-derived case information.
- Citation
- [2024] KEHC 5732 (KLR)
- Parties
- Appellant: Morgan Amulavu Andande; Respondent: Wycliffe Mika Esolio
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 190 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Preparation of Judgment
- Outcome
- Judgment deferred pending provision of trial court record.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record Availability, Judgment Preparation, Court Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morgan Amulavu Andande
Appellant
Wycliffe Mika Esolio
Respondent
Procedural Posture
Civil Appeal / Ruling on Preparation of Judgment
Legal Issues
- 1 Whether the High Court can proceed to prepare and deliver judgment in the absence of the original trial court record.
Ratio Decidendi
The court held that it is unable to prepare judgment in the appeal because the original trial court records have not been availed. The absence of the record is a procedural impediment, as the appellate court must review the lower court's proceedings and evidence before rendering a decision. The judge directed that the trial court record be provided, after which the appeal file may be placed before the court for preparation of judgment.
Court Disposition
Judgment deferred pending provision of trial court record.
Orders
- The original trial court records to be availed.
- Upon provision of the records, the appeal file to be placed before the judge for preparation of judgment.
Full Case Text
Judgment text and source record
19 paragraphs
Andande v Esolio (Civil Appeal 190 of 2020) [2024] KEHC 5732 (KLR) (Civ) (14 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5732 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 190 of 2020
WM Musyoka, J
May 14, 2024
Between
Morgan Amulavu Andande
Appellant
and
Wycliffe Mika Esolio
Respondent
(An appeal arising from the judgement of Hon. DO Mbeja, Senior Resident Magistrate, SRM, delivered on 30th April 2020, in Milimani CMCCC No. 1567 of 2018)
Ruling
1. I am unable to prepare judgement in this appeal, as the original trial court records have not been availed.
2. Let the same be availed, after which the appeal file may be placed before me for preparation of the judgement.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 14TH DAY OF MAY 2024WM MUSYOKAJUDGEMs. Veronica, Court Assistant, Milimani, Nairobi.Mr. Arthur Etyang, Court Assistant, Busia.AdvocatesMr. Muma, instructed by Muma Nyagaka & Company, Advocates for the appellant.Mr. Kulecho, instructed by Kulecho & Company, Advocates for the respondent.