[2024] KEHC 5959 (KLR)
The High Court cannot proceed to prepare or deliver judgment in the appeal because the original trial court records have not been availed. The absence of the lower court record precludes the appellate court from reviewing the evidence and proceedings necessary to determine the appeal. The court therefore directs...
Source-derived case information.
- Citation
- [2024] KEHC 5959 (KLR)
- Parties
- Appellant: Funyula Financial Services Association; Respondent: Jesca Atieno Odebero
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E001 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Availability of Trial Court Record
- Outcome
- Judgment deferred pending availability of original trial court records.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record Availability, Judgment Preparation, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Funyula Financial Services Association
Appellant
Jesca Atieno Odebero
Respondent
Procedural Posture
Civil Appeal / Ruling on Availability of Trial Court Record
Legal Issues
- 1 Whether the appeal can proceed to judgment in the absence of the original trial court records.
Ratio Decidendi
The High Court cannot proceed to prepare or deliver judgment in the appeal because the original trial court records have not been availed. The absence of the lower court record precludes the appellate court from reviewing the evidence and proceedings necessary to determine the appeal. The court therefore directs that the original trial court records be provided before judgment can be written and delivered.
Court Disposition
Judgment deferred pending availability of original trial court records.
Orders
- Let the original trial court records be availed to facilitate completion of the writing of the judgment.
- Upon the records being availed, the appeal file may be placed before the judge for preparation of the judgment.
Full Case Text
Judgment text and source record
19 paragraphs
Funyula Financial Services Association v Odebero (Civil Appeal E001 of 2020) [2024] KEHC 5959 (KLR) (28 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5959 (KLR)
Republic of Kenya
In the High Court at Busia
Civil Appeal E001 of 2020
WM Musyoka, J
May 28, 2024
Between
Funyula Financial Services Association
Appellant
and
Jesca Atieno Odebero
Respondent
(An appeal arising from the judgment of Hon. Mrs. Lucy Ambasi, Chief Magistrate, CM, delivered on 25th August 2020, in Busia CMCCC No. 195 of 2014)
Ruling
1. I am unable to prepare judgment in this appeal, as the original trial court records have not been availed.
2. Let the original trial court records be availed, to facilitate completion of the writing of the judgment herein.
3. 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 28THDAY OF MAY 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant, Busia.AdvocatesMr. Mogi, instructed by Manwari & Company, Advocates for the appellant.Mr. Okutta, instructed by Ouma-Okutta & Company, Advocates for the respondent.