[2018] KEHC 3176 (KLR)
The court identified that the record of appeal was incomplete, lacking critical documents such as the Respondent's submissions in the lower court and the full Ruling appealed from. Additionally, there was no evidence that the Respondent had complied with the court's previous order to serve their late submissions on...
Source-derived case information.
- Citation
- [2018] KEHC 3176 (KLR)
- Parties
- Appellant: Girmat Auctioneers; Appellant: Mombasa Khushi Motors Company Ltd; Respondent: Mercy Wariara Muturi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 188 of 2018
- Procedural Posture
- Civil Appeal / Directions Prior to Judgment; Incomplete Record of Appeal Identified
- Outcome
- Directions issued for filing supplementary record and affidavit of service; mention date set to confirm compliance.
- Judges
- CW Meoli
- Legal Topics
- Record of Appeal, Supplementary Filing, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Girmat Auctioneers
Appellant
Mombasa Khushi Motors Company Ltd
Appellant
Mercy Wariara Muturi
Respondent
Procedural Posture
Civil Appeal / Directions Prior to Judgment; Incomplete Record of Appeal Identified
Legal Issues
- 1 Whether the record of appeal is complete and compliant with procedural requirements.
- 2 Whether the Respondent has complied with the court's order to serve late submissions on the Appellants.
Ratio Decidendi
The court identified that the record of appeal was incomplete, lacking critical documents such as the Respondent's submissions in the lower court and the full Ruling appealed from. Additionally, there was no evidence that the Respondent had complied with the court's previous order to serve their late submissions on the Appellants. To ensure procedural fairness and compliance with the rules of court, the court directed the Appellants to file a complete supplementary record of appeal and the Respondent to file an affidavit of service confirming compliance with the court's order. The matter was set for mention to confirm compliance before a judgment date could be set.
Court Disposition
Directions issued for filing supplementary record and affidavit of service; mention date set to confirm compliance.
Orders
- The Appellants shall file and serve a complete supplementary record of appeal, including all missing documents, within 14 days.
- The Respondent shall file an affidavit of service confirming service of the court's order of 28.9.18 and their late submissions upon the Appellants.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
CIVIL APPEAL NO. 188 OF 2017
1. GIRMAT AUCTIONEERS
2. MOMBASA KHUSHI MOTORS COMPANY LTD.......APPELLANTS
VERSUS
MERCY WARIARA MUTURI.............................................RESPONDENT
DIRECTIONS
1. While preparing to write the judgment in this matter, I have realized that the record of appeal is incomplete. The submissions by the Respondent in the lower court and the Ruling appealed from are missing from the record. The record of appeal contains only the last page of the Ruling appealed from. Secondly, there is no evidence that the Respondents have complied with this court’s order of 28. 9.18 requiring them to serve their submissions admitted late by the court, upon the Appellants to enable them respond, if need be.
2. In the circumstances the court directs that:
a) The Appellants do file a complete supplementary record of appeal including the identified missing records and any other documents not contained in the record of appeal filed on 6th February, 2018. The said supplementary record of appeal be filed and served within 14 days of this order.
b) The Respondent files an affidavit of service to confirm service of the court’s order of 28. 9.18 and their late submissions upon the Appellants.
c) Mention on 25. 10. 18 to confirm compliance and give a judgment date.
DELIVERED, AND SIGNED AT KIAMBU THIS 12TH DAY OF OCTOBER, 2018.
C. MEOLI
JUDGE
In the Presence of :
Mr. Kaburu holding brief for Mr. Thuku for the Appellant
Mr. Kingagi holding brief for Mr. Nyasani for the Respondent
Court Clerk - Kevin