[2024] KEELC 1781 (KLR)
The court cannot proceed to determine the appellant's application or the appeal itself without the lower court file and judgment. In the interest of justice and to ensure a fair hearing, the court directs the Deputy Registrar to call for the lower court file (Kiambu MCELC Case No. 32 of 2019) so that the appellate...
Source-derived case information.
- Citation
- [2024] KEELC 1781 (KLR)
- Parties
- Appellant: Elizabeth Wanjiku Githu; Respondent: Kenya Com Rabbit Consortium Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 50 of 2022
- Procedural Posture
- Environment and Land Appeal / Directions
- Outcome
- Directions issued; ruling date vacated pending receipt of lower court file.
- Judges
- JG Kemei
- Legal Topics
- Appeal Record Availability, Case Management, Lower Court File Transmission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Wanjiku Githu
Appellant
Kenya Com Rabbit Consortium Ltd
Respondent
Procedural Posture
Environment and Land Appeal / Directions
Legal Issues
- 1 Whether the appeal can proceed in the absence of the lower court file and judgment record.
- 2 What directions should be issued to facilitate the hearing of the appeal.
Ratio Decidendi
The court cannot proceed to determine the appellant's application or the appeal itself without the lower court file and judgment. In the interest of justice and to ensure a fair hearing, the court directs the Deputy Registrar to call for the lower court file (Kiambu MCELC Case No. 32 of 2019) so that the appellate record is complete. The matter is set for mention to confirm compliance, and the previously scheduled ruling date is vacated until the necessary documents are availed.
Court Disposition
Directions issued; ruling date vacated pending receipt of lower court file.
Orders
- The Deputy Registrar is directed to call for the lower court file, Kiambu MCELC Case No. 32 of 2019.
- Mention scheduled for 7/5/2024 before the Deputy Registrar to confirm compliance.
Full Case Text
Judgment text and source record
20 paragraphs
Githu v Kenya Com Rabbit Consortium Ltd (Environment and Land Appeal 50 of 2022) [2024] KEELC 1781 (KLR) (11 April 2024) (Directions)
Neutral citation: [2024] KEELC 1781 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment and Land Appeal 50 of 2022
JG Kemei, J
April 11, 2024
Between
Elizabeth Wanjiku Githu
Appellant
and
Kenya Com Rabbit Consortium Ltd
Respondent
(Being an appeal against the Judgment of Hon E. Ominde, CM delivered in MCELCC No. 32 of 2019 at Kiambu on the 17/10/2023)
Directions
1. The matter coming up for Ruling in respect of the Appellant’s Notice of Motion dated 22/1/2024; however the Court notes that the trial Court file containing the record and Judgment appealed against has not yet been availed to this Court.
2. In the interest of justice and for this Court to fully acquaint itself of the gist of the appeal, directs the Hon. Deputy Registrar to call for the lower Court file namely; Kiambu MCELC Case No. 32 of 2019 between Kenya Com Rabbit Consortium Ltd and Elizabeth Wanjiku Githu.
3. Further mention on 7/5/2024 before Hon. Deputy Registrar to confirm compliance.
4. Ruling date is vacated for the reasons stated above.
DATED, SIGNED & DELIVERED AT THIKA VIA MICROSOFT TEAMS THIS 11TH DAY OF APRIL, 2024. J G KEMEIJUDGEDelivered online in the presence of;Mukuria for the AppellantOsodo for the RespondentCourt Assistants – Phyllis / Oliver