[2020] KEHC 6160 (KLR)
The court held that it could not determine the application for stay of proceedings in the absence of the original trial court record and a filed record of appeal. Justice requires that the court have access to the full record of the proceedings giving rise to the appeal before making a substantive determination....
Source-derived case information.
- Citation
- [2020] KEHC 6160 (KLR)
- Parties
- Appellant: Kennedy Shikuku t/a Eshikoni Auctioneers; Respondent: Mohamed Iqbal
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 123 of 2019
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay Pending Appeal
- Outcome
- No substantive determination; directions issued for production of trial court record; interim orders extended.
- Judges
- DN Musyoka
- Legal Topics
- Stay of Proceedings, Appeal Record, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Shikuku t/a Eshikoni Auctioneers
Appellant
Mohamed Iqbal
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Stay Pending Appeal
Legal Issues
- 1 Whether the court can determine the application for stay without the original trial court record.
- 2 Whether interim orders should be extended pending availability of the trial court record.
Ratio Decidendi
The court held that it could not determine the application for stay of proceedings in the absence of the original trial court record and a filed record of appeal. Justice requires that the court have access to the full record of the proceedings giving rise to the appeal before making a substantive determination. Accordingly, the Deputy Registrar was directed to call for the trial court records, and the matter was set for mention to confirm compliance. Interim orders were extended to maintain the status quo until the court is properly seized of all relevant materials.
Court Disposition
No substantive determination; directions issued for production of trial court record; interim orders extended.
Orders
- Deputy Registrar to call for the original records from the trial court.
- Matter to be mentioned on 28th May 2020 to confirm availability of the trial court file and for allocation of a fresh date for ruling.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 123 OF 2019
KENNEDY SHIKUKU t/a ESHIKONI AUCTIONEERS....APPELLANT
VERSUS
MOHAMED IQBAL..............................................................RESPONDENT
RULING
1. These are appeal proceedings emanating from proceedings that are before the Mumias Senior Principal Magistrates Court in Mumias SPMCCC No. 151 of 2013, and the orders sought include stay of those proceedings.
2. The the original records of the trial court have not been made available, neither has a record of appeal been filed. I cannot do justice in the Motion dated 16th December 2019, without having a complete record of the proceedings that have given rise to these appeal proceedings.
3. In the circumstances, I shall not make a determination on the said Motion, before the original records from the trial court are made available. Consequently, I hereby direct the Deputy Registrar to call for those records.
4. The matter shall be mentioned on 28th May 2020, to confirm whether the trial court file has been availed, and for allocation of a fresh date for ruling. The interim orders on record are hereby extended. It is so ordered
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 8TH DAY OF MAY, 2020
W. MUSYOKA
JUDGE