[2013] KEHC 6226 (KLR)

[2013] KEHC 6226 (KLR)

The court determined that, due to missing pages in the hand-written proceedings, it is necessary for counsel to peruse the typed proceedings to ascertain whether the missing evidence is captured. Only after this verification can the court issue proper directions on how to proceed with the hearing of the suit. The...

Source-derived case information.

Citation
[2013] KEHC 6226 (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 issued
Judges
DW Mbuteti
Legal Topics
Missing Court Record, Directions on Procedure
Source Language
en
Civil Procedure Missing Court Record Directions on Procedure

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. 1 Whether the missing pages of the hand-written proceedings can be recovered or are captured in the typed proceedings.
  2. 2 What directions should be given for the continuation of the suit in light of the missing record.

Ratio Decidendi

The court determined that, due to missing pages in the hand-written proceedings, it is necessary for counsel to peruse the typed proceedings to ascertain whether the missing evidence is captured. Only after this verification can the court issue proper directions on how to proceed with the hearing of the suit. The integrity and completeness of the court record are fundamental to the administration of justice, and the court must ensure that all relevant evidence is available before proceeding further.

Court Disposition

directions issued

Orders

  • Learned counsels to peruse the typed proceedings to check if the missing pages are captured therein.
  • Proper directions on how to proceed will be given after counsels' verification.