[2020] KEHC 6247 (KLR)

[2020] KEHC 6247 (KLR)

The court is unable to proceed with the preparation and delivery of judgment in the appeal because the original record from the lower court (Kakamega CMCCC No. 118 of 2011) has not been made available. The absence of the lower court file is a procedural impediment, as the appellate court must review the full record...

Source-derived case information.

Citation
[2020] KEHC 6247 (KLR)
Parties
Appellant: Equator Bottlers Limited; Appellant: Rodgers Odanga Shitiga; Respondent: Alfayo Simiyu
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Civil Appeal 56 of 2016
Procedural Posture
Civil Appeal / Awaiting Original Lower Court Record; Pre Judgment
Outcome
Judgment deferred; mention date set to confirm availability of lower court file.
Judges
DN Musyoka
Legal Topics
Appeal Record Availability, Case Management, Judgment Postponement
Source Language
en
Civil Procedure Appeal Record Availability Case Management Judgment Postponement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Equator Bottlers Limited

Appellant

Rodgers Odanga Shitiga

Appellant

Alfayo Simiyu

Respondent

Procedural Posture

Civil Appeal / Awaiting Original Lower Court Record; Pre Judgment

Legal Issues

  1. 1 Whether the High Court can proceed to judgment in the absence of the original lower court record.

Ratio Decidendi

The court is unable to proceed with the preparation and delivery of judgment in the appeal because the original record from the lower court (Kakamega CMCCC No. 118 of 2011) has not been made available. The absence of the lower court file is a procedural impediment, as the appellate court must review the full record before determining the appeal. Accordingly, the matter is adjourned for mention to confirm the availability of the lower court file and to allocate a fresh date for judgment.

Court Disposition

Judgment deferred; mention date set to confirm availability of lower court file.

Orders

  • The Deputy Registrar is directed to follow up on the original records from Kakamega CMCCC No. 118 of 2011.
  • The matter shall be mentioned on 28th May 2020 to confirm whether the lower court file has been availed and to allocate a fresh date for judgment.