[2025] KEELC 4366 (KLR)
The court determined that it could not proceed to judgment in the absence of the original trial court file, as the record before it was incomplete and certain issues remained unclear. To ensure a fair and conclusive determination of the appeal, the court vacated the earlier direction on judgment delivery and ordered...
Source-derived case information.
- Citation
- [2025] KEELC 4366 (KLR)
- Parties
- Appellant: Molyn Credit Limited; Respondent: Sabrina Wanjiru Maina; Respondent: Douglas Kagoiya Maina (Suing as the Administrators of the Estate of Jane Waruiru Maina); Respondent: Moses Ndegwa Gitonga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E032 of 2024
- Procedural Posture
- Environment and Land Appeal / Directions
- Outcome
- Directions issued; judgment delivery vacated pending availability of original trial court file.
- Judges
- MD Mwangi
- Legal Topics
- Appeals Procedure, Trial Record Availability, Judgment Delivery, Directions on Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Molyn Credit Limited
Appellant
Sabrina Wanjiru Maina
Respondent
Douglas Kagoiya Maina (Suing as the Administrators of the Estate of Jane Waruiru Maina)
Respondent
Moses Ndegwa Gitonga
Respondent
Procedural Posture
Environment and Land Appeal / Directions
Legal Issues
- 1 Whether the appeal can be conclusively determined without the original trial court file.
- 2 Whether the judgment delivery should proceed in the absence of the original record.
Ratio Decidendi
The court determined that it could not proceed to judgment in the absence of the original trial court file, as the record before it was incomplete and certain issues remained unclear. To ensure a fair and conclusive determination of the appeal, the court vacated the earlier direction on judgment delivery and ordered that the matter be listed for directions to confirm the availability of the original trial court file. Only after the file is availed will the court decide on the necessity of further submissions or highlighting of issues.
Court Disposition
Directions issued; judgment delivery vacated pending availability of original trial court file.
Orders
- The direction on delivery of judgment is vacated.
- The matter is listed for directions to confirm the availability of the original trial court file.
Full Case Text
Judgment text and source record
22 paragraphs
Molyn Credit Limited v Maina & 2 others (Environment and Land Appeal E032 of 2024) [2025] KEELC 4366 (KLR) (5 June 2025) (Directions)
Neutral citation: [2025] KEELC 4366 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment and Land Appeal E032 of 2024
MD Mwangi, J
June 5, 2025
Between
Molyn Credit Limited
Plaintiff
and
Sabrina Wanjiru Maina
1st Respondent
Douglas Kagoiya Maina (Suing as the Administrators of the Estate of Jane Waruiru Maina)
2nd Respondent
Moses Ndegwa Gitonga
3rd Respondent
Directions
1. This is an appeal against the whole judgment of Hon. R.A. Oganyo, Chief Magistrate, delivered on 22nd August 2024 in the Kajiado Chief Magistrate’s Court Case No. CMELC No. 66 of 2019. The appellant in its memorandum of appeal dated 29th August 2024 however, erroneously indicates that it is an appeal from the Ngong Chief Magistrate’s Court. The appellant has listed twenty eight (28) grounds of appeal in support of its appeal. It prays that the impugned judgment delivered on 22nd August 2024 be set aside and in its place, there be judgment in favour of the appellant dismissing the 1st respondent’s suit with costs.
2. Having carefully considered the record of appeal filed in this case and the submissions by the parties, there are a number of issues that are not clear from the record. To enable the court clarify on all the issues arising in this appeal, and to conclusively determine the issues, the court considers it necessary that the original trial court file be availed before concluding on its judgment.
3. Consequently, the court vacates the direction on delivery of judgment and instead lists this matter for directions to confirm the availability of the original court file from the trial court. Once the court file is availed, the court will inform the parties whether there will be need for highlighting the submissions on the identified issues.It is so ordered.
DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 5THDAY OF JUNE2025. M.D. MWANGIJUDGEIn the virtual presence of:N/A by partiesCourt Assistant: Mpoye