Kyalo v Mint Logistics Ltd (Civil Appeal E127 of 2025) [2026] KEHC 13290 (KLR) (16 July 2026) (Ruling)
The court found that although the Record of Appeal and written submissions had been filed, there was no evidence of service or notice upon the Respondent, and the matter had not properly been placed before the Judge for directions under section 79C of the Civil Procedure Act. The court therefore admitted the appeal...
Source-derived case information.
- Citation
- [2026] KEHC 13290 (KLR)
- Parties
- Appellant: ESBON NYAMAI KYALO; Respondent: MINT LOGISTICS LIMITED
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E127 of 2025
- Procedural Posture
- High Court Civil Appeal / Directions on Appeal
- Outcome
- Appeal admitted for hearing with procedural directions issued.
- Judges
- ["DO Chepkwony"]
- Legal Topics
- Admission of Appeal, Service of Record of Appeal, Directions on Appeal, Written Submissions, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ESBON NYAMAI KYALO
Appellant
MINT LOGISTICS LIMITED
Respondent
Procedural Posture
High Court Civil Appeal / Directions on Appeal
Legal Issues
- 1 Whether the appeal could be admitted for hearing at this stage
- 2 Whether proper service and notice had been effected on the Respondent
- 3 Whether directions had been issued by a Judge as required under section 79C of the Civil Procedure Act
Ratio Decidendi
The court found that although the Record of Appeal and written submissions had been filed, there was no evidence of service or notice upon the Respondent, and the matter had not properly been placed before the Judge for directions under section 79C of the Civil Procedure Act. The court therefore admitted the appeal for hearing but issued timelines requiring service, responses, and further submissions before the next mention date.
Court Disposition
Appeal admitted for hearing with procedural directions issued.
Orders
- The appeal be and is hereby admitted for hearing.
- The Appellant shall file and serve the Respondent with the Record of Appeal and his written submissions within three (3) days from the date hereof.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MURANG’A** **HIGH COURT CIVIL APPEAL NO.E127 OF 2025** **ESBON NYAMAI KYALO ………………………………..…..APPELLANT** **VERSUS** **MINT LOGISTICS LIMITED …………………………………RESPONDENT** **RULING** 1.The matter is for mention for parties to take directions on the appeal. Upon listening to counsel for the Appellant, I have perused the record and ascertained that, this date was fixed by the Deputy Registrar in the absence of the Respondent and a Counsel. 2.I have also noted that the matter was never placed before the Judge for directions to be issued on summons and hearing of the applicant as required under **Section 79 c** of the **Civil Procedure Act.** 3.Be that as it may, the Appellant’s Counsel has stated that they have filed the Record of Appeal together with written submissions, which is confirmed on perusal of the record. 4.However, there is no evidence of service and or notice having issued upon the Respondent and his Counsel, if any. In the circumstances, the court proceeds to direct that: **(a) The appeal be and is hereby admitted for hearing.** **(b) The Appellant shall file and serve the Respondent with the Record of Appeal and his written submissions within three (3) days from the date hereof.** **(c) Upon being served with the Record of Appeal and written submissions by the Appellant, the Respondent shall file and serve their corresponding written submissions within thirty (30) days of being served.** **(d) The Appellant shall be at liberty to file and serve Supplementary submissions within seven (7) days of being served with the Respondent’s submissions if need be.** **(e) Mention on 27th August, 2026 for parties to confirm compliance and take further directions.** **(f) These directions and notice to be served upon the Respondent and his counsel.** **RULING DATED, SIGNED AND DELIVERED THIS 16TH DAY OF JULY, 2026.** **HON. DORAH CHEPKWONY** **JUDGE**