[2020] KEHC 2821 (KLR)
The court found itself unable to deliver a ruling on the application argued on 30th July and 16th September 2020 because the application was missing from the electronic file and the proceedings of 30th July 2020 were incomplete due to poor internet connection. In the absence of a complete record and the application...
Source-derived case information.
- Citation
- [2020] KEHC 2821 (KLR)
- Parties
- Plaintiff: Bebadis Company Limited; Plaintiff: Daniel Kimani Kariuki; Plaintiff: Ruth Wanjiru Maigua; Defendant: Sylvia Wamboi Karanja; Defendant: The Ridgeways Yard Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 115 of 2018
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application; Application Not Determined Due to Missing Record
- Outcome
- Application not determined; matter referred to incoming judge for directions.
- Judges
- MM Kasango
- Legal Topics
- Adjournment of Application, Incomplete Court Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bebadis Company Limited
Plaintiff
Daniel Kimani Kariuki
Plaintiff
Ruth Wanjiru Maigua
Plaintiff
Sylvia Wamboi Karanja
Defendant
The Ridgeways Yard Co. Ltd
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application; Application Not Determined Due to Missing Record
Legal Issues
- 1 Whether the court can determine an application when the record is incomplete and the application is missing from the file.
- 2 What is the appropriate course of action when proceedings are incomplete due to technical difficulties.
Ratio Decidendi
The court found itself unable to deliver a ruling on the application argued on 30th July and 16th September 2020 because the application was missing from the electronic file and the proceedings of 30th July 2020 were incomplete due to poor internet connection. In the absence of a complete record and the application itself, the court could not proceed to determine the matter. The appropriate course was to refer the application to the incoming judge for further directions, ensuring that the parties' right to be heard is preserved and that the application is determined on a complete record.
Court Disposition
Application not determined; matter referred to incoming judge for directions.
Orders
- The application be placed before the incoming judge of the Division, Justice Mabeya, on a date to be fixed at the reading of the ruling.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & TAX DIVISION
CIVIL SUIT NO. 115 OF 2018
BEBADIS COMPANY LIMITED......................1ST PLAINTIFF/APPLICANT
DANIEL KIMANI KARIUKI............................2ND PLAINTIFF/APPLICANT
RUTH WANJIRU MAIGUA..............................3RD PLAINTIFF/APPLICANT
-VERSUS-
SYLVIA WAMBOI KARANJA...................1ST DEFENDANT/RESPONDENT
THE RIDGEWAYS YARD CO. LTD..........2ND DEFENDANT/RESPONDENT
RULING
1. Parties argued an application on 30th July and 16th September 2020. The Ruling was reserved for today. When however I check in the E-file of this matter I was unable to see the application that was argued before me. Further because of the very poor internet connection on 30th July 2020 the proceedings of that day recorded and transcribed are incomplete.
2. It is because of the above handicap that I order the application be placed before the incoming judge of this Division, Justice Mabeya, on a date to be fixed at the reading of the Ruling today.
DATED, SIGNED and DELIVERED at NAIROBI this 7th day of OCTOBER 2020.
MARY KASANGO
JUDGE
Before Justice Mary Kasango
C/A Sophie
For the Plaintiff:
For the Defendant:
ORDER
This decision is hereby virtually delivered this 7th day of October, 2020.
MARY KASANGO
JUDGE