[2018] KEHC 1131 (KLR)
The court held that the determination of the appeal cannot proceed without the original record from the lower court. It is standard practice that the appellate court must have the full record before it to properly adjudicate the issues raised in the appeal. The absence of the lower court record necessitates a...
Source-derived case information.
- Citation
- [2018] KEHC 1131 (KLR)
- Parties
- Appellant: Jason Werimo Onyango; Respondent: Patrick Onyango Sakwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1 of 2018
- Procedural Posture
- Succession Appeal / Interlocutory Ruling
- Outcome
- directions_given
- Judges
- DN Musyoka
- Legal Topics
- Appeals Record of Lower Court, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jason Werimo Onyango
Appellant
Patrick Onyango Sakwa
Respondent
Procedural Posture
Succession Appeal / Interlocutory Ruling
Legal Issues
- 1 Whether the appeal can proceed in the absence of the original lower court record.
- 2 What directions should be given to facilitate the determination of the appeal.
Ratio Decidendi
The court held that the determination of the appeal cannot proceed without the original record from the lower court. It is standard practice that the appellate court must have the full record before it to properly adjudicate the issues raised in the appeal. The absence of the lower court record necessitates a direction to the Deputy Registrar to call for the original records to ensure the appeal is determined on a complete factual and procedural basis.
Court Disposition
directions_given
Orders
- The Deputy Registrar is directed to call for the original records in Butere SPMCSC No. 30 of 2017.
- The matter shall be mentioned thereafter for further directions.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION APPEAL NO. 1 OF 2017
JASON WERIMO ONYANGO.........................APPELLANT
VERSUS
PATRICK ONYANGO SAKWA...................RESPONDENT
(Being an appeal arising from the ruling of Hon. Felix Makoyo SRM Butere Law Courts delivered on 11th September 2017 in Butere Succession Cause No 30 of 2017)
RULING
1. The appeal herein arises from a decision made in Butere SPMCSC No. 30 of 2017. As standard practice the record of the lower court ought to be availed to facilitate determination of the appeal. That has not been done in this case.
2. I hereby direct the Deputy Registrar to call for the original records in Butere SPMCSC No. 30 of 2017. The matter shall be mentioned thereafter for further directions.
DATED, SIGNED and DELIVERED at KAKAMEGA this 3RD DAY OF DECEMBER, 2018
W. MUSYOKA
JUDGE