[2022] KEHC 16907 (KLR)
The court held that it is unable to proceed with the preparation and delivery of judgment in the appeal due to the unavailability of the original trial court records. The Deputy Registrar is directed to call for the records, and the matter will be mentioned to confirm their availability before a date for judgment is...
Source-derived case information.
- Citation
- [2022] KEHC 16907 (KLR)
- Parties
- Appellant: Joyce Atuo Makomele; Respondent: Harun Mwachi Mmbesu (Suing in own capacity as administrator of Estate of Joash Avedi Ombese)
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E001 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Availability of Trial Court Records Prior to Judgment
- Outcome
- Judgment deferred pending availability of trial court records.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record Availability, Judgment Preparation, Trial Court Records
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Atuo Makomele
Appellant
Harun Mwachi Mmbesu (Suing in own capacity as administrator of Estate of Joash Avedi Ombese)
Respondent
Procedural Posture
Civil Appeal / Ruling on Availability of Trial Court Records Prior to Judgment
Legal Issues
- 1 Whether the High Court can proceed to deliver judgment in the absence of the original trial court records.
Ratio Decidendi
The court held that it is unable to proceed with the preparation and delivery of judgment in the appeal due to the unavailability of the original trial court records. The Deputy Registrar is directed to call for the records, and the matter will be mentioned to confirm their availability before a date for judgment is set. This ensures that the appellate process is conducted with a complete record, upholding the integrity of appellate review.
Court Disposition
Judgment deferred pending availability of trial court records.
Orders
- Deputy Registrar to call for the original trial court records.
- Matter to be mentioned to confirm availability of records and to allocate a date for judgment.
Full Case Text
Judgment text and source record
19 paragraphs
Makomele v Mmbesu (Suing in own capacity as administrator of Estate of Joash Avedi Ombese) (Civil Appeal E001 of 2021) [2022] KEHC 16907 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16907 (KLR)
Republic of Kenya
In the High Court at Vihiga
Civil Appeal E001 of 2021
WM Musyoka, J
December 23, 2022
Between
Joyce Atuo Makomele
Appellant
and
Harun Mwachi Mmbesu (Suing in own capacity as administrator of Estate of Joash Avedi Ombese)
Respondent
(An appeal arising from the Judgment of Hon. RM Ndombi, Senior Resident Magistrate, delivered on 12th February 2021, in Vihiga PMCCC No. 128 of 2017)
Ruling
1. The original trial court records have not been made available, so I am unabale to complete preparation of the judgment herein.
2. Deputy registrar to call for the same.
3. The matter will be allocated a date for mention to confirm that they have been availed, and to allocate a date for judgment.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 23rdDAY OF DECEMBER 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Mr. Peter M. Karanja, Advocate for the appellant.Mr. Osango, instructed by Osango & Company, Advocates for the respondent.