[2020] KEHC 3182 (KLR)
The court determined that it was unable to prepare or deliver judgment in the appeal due to the unavailability of the original records from the trial court. The absence of these records is a procedural impediment, as the appellate court requires the full record to properly consider and determine the issues raised in...
Source-derived case information.
- Citation
- [2020] KEHC 3182 (KLR)
- Parties
- Appellant: Edward Ochar Otieno; Respondent: Mathews Mwanza Wanga
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 70 of 2017
- Procedural Posture
- Civil Appeal / Interlocutory Ruling; Awaiting Original Trial Court Records
- Outcome
- No final determination; proceedings stayed pending receipt of trial court records.
- Judges
- DN Musyoka
- Legal Topics
- Appeal Record Availability, Judgment Preparation, Court Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Ochar Otieno
Appellant
Mathews Mwanza Wanga
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling; Awaiting Original Trial Court Records
Legal Issues
- 1 Whether the High Court can proceed to determine the appeal in the absence of the original trial court records.
Ratio Decidendi
The court determined that it was unable to prepare or deliver judgment in the appeal due to the unavailability of the original records from the trial court. The absence of these records is a procedural impediment, as the appellate court requires the full record to properly consider and determine the issues raised in the appeal. Consequently, the court directed the Deputy Registrar to call for the records and ordered that the matter be mentioned once the records are received for allocation of a judgment date.
Court Disposition
No final determination; proceedings stayed pending receipt of trial court records.
Orders
- The Deputy Registrar shall call for the original records from the trial court.
- The matter shall be mentioned after receipt of the records for allocation of a judgment date.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 70 OF 2017
(An appeal from the judgment of Hon. FM Nyakundi, Senior Principal Magistrate, in Mumias SPMCCC No. 81 of 2016, delivered on 12th June 2017)
EDWARD OCHAR OTIENO.............................APPELLANT
VERSUS
MATHEWS MWANZA WANGA....................RESPONDENT
RULING
1. The original records have not been availed from the trial court. I am, therefore, unable to prepare judgement with respect to the instant appeal.
2. The Deputy Registrar shall call for the said records.
3. The matter shall be mentioned thereafter, once the records are received, for allocation of a date for judgement.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 18TH DAY OF SEPTEMBER, 2020
W. MUSYOKA
JUDGE