[2017] KEHC 4326 (KLR)
The court determined that it would be unfair to the respondent to proceed to judgment in the absence of its witness statement, list of documents, and submissions from the record of appeal. The completeness of the lower court record is essential for a fair appellate process. Therefore, the court directed the...
Source-derived case information.
- Citation
- [2017] KEHC 4326 (KLR)
- Parties
- Appellant: Cosam Ouma Odongo; Respondent: South Nyanza Sugar Co. Ltd
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 33 of 2016
- Procedural Posture
- Civil Appeal / Directions Prior to Judgment
- Outcome
- Further directions issued; appeal not determined on merits.
- Judges
- AC Mrima
- Legal Topics
- Record of Appeal, Supplementary Record, Trial Court Record, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cosam Ouma Odongo
Appellant
South Nyanza Sugar Co. Ltd
Respondent
Procedural Posture
Civil Appeal / Directions Prior to Judgment
Legal Issues
- 1 Whether the appeal can be determined in the absence of key documents from the lower court record.
- 2 Whether it is fair to proceed to judgment without the Respondent's witness statement, list of documents, and submissions.
Ratio Decidendi
The court determined that it would be unfair to the respondent to proceed to judgment in the absence of its witness statement, list of documents, and submissions from the record of appeal. The completeness of the lower court record is essential for a fair appellate process. Therefore, the court directed the appellant to file a supplementary record of appeal to include the missing documents, failing which the respondent may do so, ensuring both parties have their materials considered before the appeal is determined.
Court Disposition
Further directions issued; appeal not determined on merits.
Orders
- The appellant shall file a supplementary record of appeal to include the missing documents within 14 days.
- If the appellant defaults, the respondent shall file the documents within 14 days of the default.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENY AT MIGORI
CIVIL APPEAL NO. 33 OF 2016
COSAM OUMA ODONGO…….................................APPELLANT
-VERSUS-
SOUTH NYANZA SUGAR CO. LTD.......................RESPONDENT
(Being an appeal from the judgment and decree by Hon. C. M. Kamau, Resident Magistrate in Kehancha Principal Magistrate's Civil Suit No. 78 of 2004 delivered on11/05/2016)
FURTHER DIRECTIONS
1. When I retired to write the judgment in this appeal, I was confronted by the inadequacy of the record before this Court. According to the order of the trial court made on 05/02/2015, the Respondent’s witness statement and a list of documents were adopted as the Respondent’s defence without any oral evidence. Parties also filed written submissions and the trial court thereafter rendered its judgment.
2. However, the said Respondent’s Witness Statement, List of Documents and its submissions are not part of the Record of Appeal as well as the lower court record. If I must write the judgment, then it will be without the advantage of the completeness of the lower court record upon which the appeal springs from. That will be unfair to the Respondent.
3. Consequently, the following further directions do hereby issue:
a) The Appellant shall file a Supplementary Record of Appeal and introduce the said missing documents within 14 days of this order and in default the Respondent shall so file within 14 days of the default;
b) Upon compliance, the appeal shall be fixed for further directions.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 6th day of June 2017.
A. C. MRIMA
JUDGE