[2021] KEHC 7767 (KLR)

[2021] KEHC 7767 (KLR)

The court is unable to prepare or deliver judgment in the appeal because the original trial court record has not been availed. The absence of the record precludes the court from considering the merits of the appeal. The appropriate procedural step is to direct the Deputy Registrar to call for the trial court record,...

Source-derived case information.

Citation
[2021] KEHC 7767 (KLR)
Parties
Appellant: Jacob Masila Daudi; Respondent: Rashid Mauko Wanjala
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Civil Appeal 73 of 2018
Procedural Posture
Civil Appeal / Pre Judgment; Awaiting Trial Court Record
Outcome
Judgment deferred; directions issued for trial court record to be availed.
Judges
DN Musyoka
Legal Topics
Appeal Record Availability, Judgment Preparation, Court Administration
Source Language
en
Civil Procedure Appeal Record Availability Judgment Preparation Court Administration

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Parties

Jacob Masila Daudi

Appellant

Rashid Mauko Wanjala

Respondent

Procedural Posture

Civil Appeal / Pre Judgment; Awaiting Trial Court Record

Legal Issues

  1. 1 Whether the High Court can proceed to deliver judgment in the absence of the original trial court record.
  2. 2 What procedural steps should be taken when the trial court record is unavailable.

Ratio Decidendi

The court is unable to prepare or deliver judgment in the appeal because the original trial court record has not been availed. The absence of the record precludes the court from considering the merits of the appeal. The appropriate procedural step is to direct the Deputy Registrar to call for the trial court record, after which the matter will be mentioned for allocation of a judgment date. This ensures that the appellate process is conducted fairly and in accordance with the rules of procedure, which require the record to be before the appellate court.

Court Disposition

Judgment deferred; directions issued for trial court record to be availed.

Orders

  • The Deputy Registrar shall call for the original trial court record.
  • The matter shall be mentioned thereafter for allocation of a date for judgment.