[2021] KEHC 9687 (KLR)
The court cannot proceed to determine the appeal without the original trial record from the magistrate’s court, as it is a mandatory procedural requirement for appellate review. Proceeding without the record would constitute a dereliction of judicial duty. Furthermore, due to the recent administrative changes...
Source-derived case information.
- Citation
- [2021] KEHC 9687 (KLR)
- Parties
- Appellant: James Vulimu Mbaja; Respondent: Anvi Emporium Limited; Respondent: Joannes Ogendo Omuom
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 155 of 2018
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Availability of Original Trial Record and Transfer of Matter
- Outcome
- Interlocutory orders issued; appeal not determined on merits.
- Judges
- DN Musyoka
- Legal Topics
- Appeal Record Requirements, Transfer of Proceedings, Judicial Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Vulimu Mbaja
Appellant
Anvi Emporium Limited
Respondent
Joannes Ogendo Omuom
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Availability of Original Trial Record and Transfer of Matter
Legal Issues
- 1 Whether the appeal can be determined without the original trial record from the magistrate's court.
- 2 Whether the matter should be transferred to the Vihiga High Court registry following administrative changes.
Ratio Decidendi
The court cannot proceed to determine the appeal without the original trial record from the magistrate’s court, as it is a mandatory procedural requirement for appellate review. Proceeding without the record would constitute a dereliction of judicial duty. Furthermore, due to the recent administrative changes placing the Hamisi magistrate’s court under the supervision of the Vihiga High Court, the matter should be transferred to the Vihiga High Court registry for further handling and compliance with the necessary procedural steps, including calling for the original trial record and setting a new judgment date.
Court Disposition
Interlocutory orders issued; appeal not determined on merits.
Orders
- Deputy Registrar to call for the original trial records from Hamisi PMCCC No. 23 of 2017.
- Matter to be mentioned for allocation of a fresh date for judgment after receipt of the trial record.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 155 OF 2018
(Being an appeal from the original judgment and decree of Hon. RM Ogal, Principal Magistrate, of 30th October 2018 in Hamisi PMCCC No. 23 of 2017)
JAMES VULIMU MBAJA................................................................APPELLANT
VERSUS
ANVI EMPORIUM LIMITED................................................1ST RESPONDENT
JOANNES OGENDO OMUOM..............................................2ND RESPONDENT
RULING
1. Am unable to finalize preparation of the judgment that am supposed to write herein as the original court file in Hamisi PMCCC No. 23 of 2017 has not been availed.
2. I note that there is a record of appeal on record, but it is a mandatory requirement in civil appeals, from a magistrate’s court, that the original trial records be availed for review by the appellate court. It would be dereliction of duty on my part if I were to proceed to determine the appeal herein without sight of the original trial record.
3. Consequently, I direct the Deputy Registrar to call for the original trial records.
4. The matter shall be mentioned thereafter for allocation of a fresh date for judgment.
5. The appeal arose from a trial at the Hamisi Principal Magistrate’s Court. The Chief Justice recently gazetted the Vihiga High Court and placed the Hamisi magistrate’s court under its supervision.
6. Consequently, I direct that this matter be transferred to the High Court registry at Vihiga, for compliance with the directions given in paragraphs 3 and 4 above.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 22ND DAY OF JANUARY 2021
W. MUSYOKA
JUDGE