[2013] KEHC 6224 (KLR)
The court determined that before any further directions can be given regarding the progress of the suit, it is necessary for the parties' advocates to peruse the typed proceedings to ascertain whether the missing pages from the handwritten record are included. Only after this verification can the court issue proper...
Source-derived case information.
- Citation
- [2013] KEHC 6224 (KLR)
- Parties
- Plaintiff: Devji Kunverji Sanghani (T/A Deekay Contractors); Defendant: M. Jadva & Sons
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 4072 of 1991
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- directions_given
- Judges
- DW Mbuteti
- Legal Topics
- Missing Court Record, Directions on Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Devji Kunverji Sanghani (T/A Deekay Contractors)
Plaintiff
M. Jadva & Sons
Defendant
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the missing pages of the handwritten proceedings are available in the typed proceedings.
- 2 How the case should proceed in light of missing court records.
Ratio Decidendi
The court determined that before any further directions can be given regarding the progress of the suit, it is necessary for the parties' advocates to peruse the typed proceedings to ascertain whether the missing pages from the handwritten record are included. Only after this verification can the court issue proper directions on how to proceed, as the completeness of the record is fundamental to the administration of justice.
Court Disposition
directions_given
Orders
- Learned counsels to peruse the typed proceedings to check if missing pages are captured.
- Proper directions on how to proceed will be given after verification.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL APPEAL NO. 4072 OF 1991
DEVJI KUNVERJI SANGHANI
(T/A DEEKAY CONTRACTORS)..……....…...............….…...PLAINTIFF
VERSUS
M. JADVA & SONS.................…......………......…......…DEFENDANT
D I R E C T I O N S
1. I have perused the court record of this very old suit which was part-heard before Dulu, J. I note that pages 59 to 67 of the hand-written proceedings (apparently comprising some of the evidence recorded by Dulu, J) are missing from the record.
2. Let the learned counsels peruse the typed proceedings to see if the missing pages are captured therein. Only then can proper directions on how to proceed be given.
DATED AND SIGNED AT NAIROBI THIS 3RD DAY OF JULY 2013
H. P. G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 5TH DAY OF JULY 2013