[2015] KEHC 858 (KLR)
The court determined that it is procedurally improper and impossible to deliver judgment in an appeal without the original trial court file. The absence of the trial court record means the appellate court cannot properly assess the merits of the appeal or verify the proceedings and evidence from the lower court. The...
Source-derived case information.
- Citation
- [2015] KEHC 858 (KLR)
- Parties
- Appellant: Mohamed Adan; Appellant: Abdullahi Mohamed; Appellant: Moor Ali Osman; Respondent: Hussein Maakim Alio
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 11 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Readiness for Judgment
- Outcome
- Judgment deferred pending receipt of the original trial court file.
- Judges
- GMA Dulu
- Legal Topics
- Appeal Admission, Record of Appeal, Trial Court File, Judgment Readiness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Adan
Appellant
Abdullahi Mohamed
Appellant
Moor Ali Osman
Appellant
Hussein Maakim Alio
Respondent
Procedural Posture
Civil Appeal / Ruling on Readiness for Judgment
Legal Issues
- 1 Whether the court can deliver judgment in the absence of the original trial court file.
- 2 Whether the appeal was properly admitted to hearing without the trial court record.
Ratio Decidendi
The court determined that it is procedurally improper and impossible to deliver judgment in an appeal without the original trial court file. The absence of the trial court record means the appellate court cannot properly assess the merits of the appeal or verify the proceedings and evidence from the lower court. The Deputy Registrar is therefore directed to call for the original trial file as a matter of urgency before any further steps, including delivery of judgment, can be taken.
Court Disposition
Judgment deferred pending receipt of the original trial court file.
Orders
- The court is not able to deliver judgment in this matter in the absence of the original trial court file.
- The Deputy Registrar will forthwith call for the original trial file in Mwingi to be brought to this court as a matter of urgency.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CIVIL APPEAL NO. 11 OF 2013
MOHAMED ADAN ................................... 1ST APPELLANT
ABDULLAHI MOHAMED.......................... 2ND APPELLANT
MOOR ALI OSMAN ................................. 3RD APPELLANT
V E R S U S
HUSSEIN MAAKIM ALIO................................ RESPONDENT
RULING
This matter was for judgment today. I perused the typed proceedings and made my notes.
However, on perusing the entire file, I noted that there is no record that the appeal was admitted to hearing. More importantly, I did not see the original file of the trial court. There is no record that same was called for by the Deputy Registrar.
Perhaps the confusion arose from the fact that the matter commenced in this court through an application for dismissal of appeal for want of prosecution, and as such the issue of calling for the original trial file was skipped.
Be that as it may, I am not able to deliver judgment in this appeal, until I am availed the original trial file. I thus order as follows:-
This court is not able to deliver judgment in this matter in the absence of the original trial court file.
The Deputy Registrar will forthwith call for the original trial file in Mwingi to be brought to this court as a matter of urgency.
I will hereafter fix a mention date to confirm receipt of the original trial file and to fix a judgment date.
Dated at Garissa this 29th September 2015.
GEORGE DULU
JUDGE