[2024] KEHC 5813 (KLR)
The High Court declined to prepare or deliver judgment in the appeal due to the absence of the original trial court records and the incompleteness of the record of appeal, specifically the missing portions of the motor insurance policy central to the dispute. The court held that it is essential for the appellate...
Source-derived case information.
- Citation
- [2024] KEHC 5813 (KLR)
- Parties
- Appellant: Fidelity Shield Insurance Company Limited; Respondent: James Mwangi Karuri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E032 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Preparation of Judgment; Awaiting Complete Record
- Outcome
- Judgment deferred; directions issued for provision of complete record.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record, Incomplete Record, Judgment Preparation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fidelity Shield Insurance Company Limited
Appellant
James Mwangi Karuri
Respondent
Procedural Posture
Civil Appeal / Ruling on Preparation of Judgment; Awaiting Complete Record
Legal Issues
- 1 Whether the High Court can proceed to prepare and deliver judgment in the absence of the original trial court records or a complete record of appeal.
- 2 Whether the incomplete motor insurance policy in the record of appeal affects the determination of the appeal.
Ratio Decidendi
The High Court declined to prepare or deliver judgment in the appeal due to the absence of the original trial court records and the incompleteness of the record of appeal, specifically the missing portions of the motor insurance policy central to the dispute. The court held that it is essential for the appellate court to have the full record, including all material documents, to ensure a fair and just determination. The court directed that the original trial court records or a complete record of appeal, preferably both, be availed before the matter can proceed to judgment.
Court Disposition
Judgment deferred; directions issued for provision of complete record.
Orders
- Let the original trial court records, or a complete record of appeal, preferably both, be availed to facilitate completion of the writing of the judgment.
- Upon provision of the records, the appeal file may be placed before the judge for preparation of the judgment.
Full Case Text
Judgment text and source record
21 paragraphs
Fidelity Shield Insurance Company Limited v Karuri (Civil Appeal E032 of 2022) [2024] KEHC 5813 (KLR) (Civ) (24 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5813 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E032 of 2022
WM Musyoka, J
May 24, 2024
Between
Fidelity Shield Insurance Company Limited
Appellant
and
James Mwangi Karuri
Respondent
(An appeal arising from the judgement of Hon. AN Makau, Principal Magistrate, PM, delivered on 21st December 2021, in Milimani CMCCC No. E4146 of 2021)
Ruling
1. I am unable to prepare judgement in this appeal, as the original trial court records have not been availed.
2. The record of appeal filed herein is also incomplete, for the appeal turns on the terms of a motor insurance policy, yet the copy of the motor insurance policy in the record of appeal is incomplete.
3. Let the original trial court records, or a complete record of appeal, preferably both, be availed, to facilitate completion of the writing of the judgement herein.
4. Upon that being done, the appeal file may be placed before me for preparation of the judgement.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA,THIS 24TH DAY OF MAY 2024WM MUSYOKAJUDGEMs. Veronica, Court Assistant, Milimani, Nairobi.Mr. Arthur Etyang, Court Assistant, Busia.AdvocatesMr. Mugambi, instructed by Mugambi Mungania & Company, Advocates for the appellant.Mr. Kimani, instructed by Ndumu Kimani & Company, Advocates for the respondent.