[2024] KEHC 3828 (KLR)
The court is unable to deliver judgment in the appeal because the Deputy Registrar has not complied with the court's order of 10th November 2023. Compliance with procedural orders is a prerequisite for the court to proceed to judgment. The matter is therefore referred back to the Deputy Registrar for immediate...
Source-derived case information.
- Citation
- [2024] KEHC 3828 (KLR)
- Parties
- Appellant: Board of Management, St. Catherine Nangina Primary School; Appellant: Ann Onyancha, Head Teacher, St. Catherine Nangina Primary School; Respondent: Vitalis Ouma Omolo; Respondent: Peris Narotso Egesa
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E027 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Compliance With Prior Court Order
- Outcome
- Judgment deferred pending compliance by the Deputy Registrar.
- Judges
- WM Musyoka
- Legal Topics
- Judgment Delivery, Court Administration, Compliance With Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Board of Management, St. Catherine Nangina Primary School
Appellant
Ann Onyancha, Head Teacher, St. Catherine Nangina Primary School
Appellant
Vitalis Ouma Omolo
Respondent
Peris Narotso Egesa
Respondent
Procedural Posture
Civil Appeal / Ruling on Compliance With Prior Court Order
Legal Issues
- 1 Whether the Deputy Registrar has complied with the court's order of 10th November 2023.
- 2 Whether the court can proceed to write the judgment in the absence of compliance by the Deputy Registrar.
Ratio Decidendi
The court is unable to deliver judgment in the appeal because the Deputy Registrar has not complied with the court's order of 10th November 2023. Compliance with procedural orders is a prerequisite for the court to proceed to judgment. The matter is therefore referred back to the Deputy Registrar for immediate compliance before any further judicial action can be taken.
Court Disposition
Judgment deferred pending compliance by the Deputy Registrar.
Orders
- The file is to be placed before the Deputy Registrar forthwith for compliance with the order of 10th November 2023.
Full Case Text
Judgment text and source record
23 paragraphs
Board of Management, St. Catherine Nangina Primary School & another v Omolo & another (Suing as Administrators and Next Friends of Pauline Apiyo Ouma) (Civil Appeal E027 of 2022) [2024] KEHC 3828 (KLR) (19 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3828 (KLR)
Republic of Kenya
In the High Court at Busia
Civil Appeal E027 of 2022
WM Musyoka, J
April 19, 2024
Between
Board of Management, St. Catherine Nangina Primary School
1st Appellant
Ann Onyancha, Head Teacher, St. Catherine Nangina Primary School
2nd Appellant
and
Vitalis Ouma Omolo
1st Respondent
Peris Narotso Egesa
2nd Respondent
Suing as Administrators and Next Friends of Pauline Apiyo Ouma
(An appeal arising from the ruling and orders of Hon. P Olengo, Principal Magistrate, PM, delivered on 20th July 2022, in Busia CMCCC No. 52 of 2019)
Ruling
1. I am unable to write the judgement herein as the Deputy Registrar is yet to comply with my order of 10th November 2023.
2. Let this file be placed before the Deputy Registrar forthwith for compliance.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 19TH DAY OF APRIL 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Tarus, instructed by Attorney-General, for the appellants.Mr. Luchivya, instructed by Marisio Luchivya & Company, Advocates for the respondents.