[2024] KEHC 10547 (KLR)
The court held that it could not proceed to determine the appeal because the original trial court records and certified proceedings had not been availed as required by the rules governing appeals to the High Court. The judge found that the record of appeal as filed was insufficient, as it lacked certification and...
Source-derived case information.
- Citation
- [2024] KEHC 10547 (KLR)
- Parties
- Appellant: East African Paints & Mining; Respondent: Grace Villas Resorts; Respondent: Laibon Villa Guest House
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E802 of 2023
- Procedural Posture
- Civil Appeal / Preliminary Ruling on Record Sufficiency
- Outcome
- The appeal was not determined on its merits; the matter was referred for mention to secure compliance with procedural requirements.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record Completeness, Certification of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
East African Paints & Mining
Appellant
Grace Villas Resorts
Respondent
Laibon Villa Guest House
Respondent
Procedural Posture
Civil Appeal / Preliminary Ruling on Record Sufficiency
Legal Issues
- 1 Whether the appeal can be determined in the absence of the original certified trial court record and proceedings.
- 2 Whether the record of appeal as filed complies with the rules governing appeals to the High Court.
Ratio Decidendi
The court held that it could not proceed to determine the appeal because the original trial court records and certified proceedings had not been availed as required by the rules governing appeals to the High Court. The judge found that the record of appeal as filed was insufficient, as it lacked certification and the original documents necessary to vouch for its authenticity. Without compliance with these procedural requirements, the appeal was not ready for determination. The matter was therefore referred to the Presiding Judge of the Civil Division for mention and directions to secure compliance with the rules.
Court Disposition
The appeal was not determined on its merits; the matter was referred for mention to secure compliance with procedural requirements.
Orders
- The file is to be placed before the Presiding Judge, Civil Division, High Court of Kenya, Milimani Law Courts, Nairobi, for mention to ensure compliance with rules regarding appeal records.
Full Case Text
Judgment text and source record
22 paragraphs
East African Paints & Mining v Grace Villas Resorts & another (Civil Appeal E802 of 2023) [2024] KEHC 10547 (KLR) (Civ) (3 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10547 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E802 of 2023
WM Musyoka, J
September 3, 2024
Between
East African Paints & Mining
Appellant
and
Grace Villas Resorts
1st Respondent
Laibon Villa Guest House
2nd Respondent
(An appeal arising from orders made in the ruling of Hon. WK Micheni, Chief Magistrate, CM, delivered on 19th July 2023, in Nairobi CMCCC No. E205 of 2020)
Ruling
1. I find myself unable to write judgment in this matter, as the original trial court records have not been availed. I only have the record of appeal, and I cannot vouch for its contents. The ruling, which is the subject of this appeal, dated 19th July 2023, which appears at page 159 of the record of appeal, is not certified. I also do not see a certification of the typed proceedings, although there does appear a signature at page 8 of those proceedings and page 146 of the record of appeal, against the date of 1st September 2023. The record of appeal also carries other materials, which are usually not subject to certification, but I have no means of telling whether they were obtained from the original trial record.
2. The rules relating to appeals to the High Court, from the trial courts, require that the handwritten record of the trial court, together with the transcript, duly certified, be availed for appeal purposes. I do not think that there has been compliance. The appeal is, therefore, not ready for determination.
3. Consequently, I do hereby direct that the file herein be placed before the Presiding Judge, Civil Division, High Court of Kenya, Milimani Law Courts, Nairobi, for mention, with a view to getting compliance. It is so ordered.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 3RDDAY OF SEPTEMBER 2024. W MUSYOKAJUDGEMs. Veronica, Court Assistant, Milimani.Mr. Arthur Etyang, Court Assistant, Busia.Ms. Eva Adhiambo, Legal Researcher, Busia.AdvocatesMr. Sewe, instructed by Okwach & Company, Advocates for the appellant.Mr. Wahome, instructed by L. Wahome & Company, Advocates for the respondents.