[2025] KEHC 3344 (KLR)
The court found that the applicant had demonstrated sufficient cause for the reconstruction of the missing court file, as its absence was prejudicial and hindered the progress of the matter. In the absence of opposition, and considering the interests of justice, the court allowed the application, ordered immediate...
Source-derived case information.
- Citation
- [2025] KEHC 3344 (KLR)
- Parties
- Applicant: Patrick JP Kanyagia; Respondent: Violet Liaanyi Maningo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E025 of 2023
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- Application allowed as prayed, with directions for file reconstruction and further proceedings.
- Judges
- HK Chemitei
- Legal Topics
- File Reconstruction, Directions on Originating Summons, Joint Property Sale, Distribution of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick JP Kanyagia
Applicant
Violet Liaanyi Maningo
Respondent
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court should order reconstruction of the missing court file.
- 2 Whether directions should be given on the applicant's originating summons dated 9th March, 2023.
- 3 Whether the court should issue directions regarding the sale and distribution of proceeds from jointly owned property.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the reconstruction of the missing court file, as its absence was prejudicial and hindered the progress of the matter. In the absence of opposition, and considering the interests of justice, the court allowed the application, ordered immediate reconstruction of the file, and directed that the application dated 9th March 2023 be fixed for directions. Costs were ordered to be in the cause.
Court Disposition
Application allowed as prayed, with directions for file reconstruction and further proceedings.
Orders
- A skeleton file be constructed forthwith.
- Once the file is reconstructed, the application dated 9th March 2023 be fixed for directions.
Full Case Text
Judgment text and source record
21 paragraphs
Kanyagia v Maningo (Civil Case E025 of 2023) [2025] KEHC 3344 (KLR) (Family) (20 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3344 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Civil Case E025 of 2023
HK Chemitei, J
March 20, 2025
Between
Patrick JP Kanyagia
Applicant
and
Violet Liaanyi Maningo
Respondent
Ruling
1. This ruling relates to the applications dated 31st October, 2023 filed by the Applicant seeking for orders that:-a.Spent;b.This Honourable Court be pleased to grant an order that parties reconstruct the file HCFOS/E025 OF 2023: Patrick J. P. Kanyagia Vs. Violet Liananyi Maningo.c.This Honourable Court be pleased to give directions on the Applicant’s Originating Summons dated 9th March, 2023. d.Costs be in the cause.
2. The application is supported by affidavit sworn by Patrick J. P Kanyagia on 31st October, 2023. He avers inter alia that he is over 70 years old. The court file has been missing since April, 2023, despite several efforts by his counsel on record to trace it thus causing great prejudice to him.
3. He seeks for directions in the matter pursuant to the ruling of Hon. E. O. Obaga J in ELC 177 OF 2018; an order to be issued for sale of L. R. No. Dagoretti/Riruta/2205 jointly owned by the Applicant and the Respondent; and order be issued that the proceeds from the sale of L. R. No. Dagoretti Riruta/2205 owned jointly by the Applicant and the Respondent herein be shared equally between the parties save for costs of improvement of the premises incurred by the Applicant and other incidental costs as prayed for in the application dated 9th March, 2023 – which the Applicant seeks directions for.
4. The application is unopposed and there are no written submissions filed by both parties.
5. I have perused the application and for the reasons stated in the affidavit the same is allowed as hereunder:-(a)A skeleton file be constructed forthwith.(b)Once (a) above is done the application dated 9th March 2023 be fixed for directions.(c)Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 20THDAY OF MARCH, 2025. H K CHEMITEIJUDGE