[2024] KEHC 6160 (KLR)
The court held that it is unable to prepare and deliver a judgment on the appeal because the original trial court records have not been availed and the record of appeal filed is incomplete, lacking both the proceedings and the judgment appealed against. The absence of these essential documents makes it impossible...
Source-derived case information.
- Citation
- [2024] KEHC 6160 (KLR)
- Parties
- Appellant: Joseph Kiiru Mugambi; Appellant: Kyalo Muliwa; Respondent: Faith Wayua Muthia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E329 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Inability to Proceed Due to Incomplete Record
- Outcome
- No determination on the merits; directions issued for provision of records and complete appeal record before judgment can be written.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record, Incomplete Proceedings, Judgment Preparation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kiiru Mugambi
Appellant
Kyalo Muliwa
Appellant
Faith Wayua Muthia
Respondent
Procedural Posture
Civil Appeal / Ruling on Inability to Proceed Due to Incomplete Record
Legal Issues
- 1 Whether the court can proceed to determine the appeal in the absence of the original trial court records and a complete record of appeal.
Ratio Decidendi
The court held that it is unable to prepare and deliver a judgment on the appeal because the original trial court records have not been availed and the record of appeal filed is incomplete, lacking both the proceedings and the judgment appealed against. The absence of these essential documents makes it impossible for the appellate court to properly consider and determine the issues raised in the appeal. The court therefore directed that the original trial court records be availed and a complete record of appeal be filed before the matter can proceed to judgment.
Court Disposition
No determination on the merits; directions issued for provision of records and complete appeal record before judgment can be written.
Orders
- Let the original trial court records be availed.
- A complete record of appeal must be filed.
Full Case Text
Judgment text and source record
22 paragraphs
Mugambi & another v Muthia (Civil Appeal E329 of 2021) [2024] KEHC 6160 (KLR) (Civ) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6160 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E329 of 2021
WM Musyoka, J
May 31, 2024
Between
Joseph Kiiru Mugambi
1st Appellant
Kyalo Muliwa
2nd Appellant
and
Faith Wayua Muthia
Respondent
(An appeal arising from the judgment of Hon. P. Muholi, Principle Magistrate, PM, delivered on 26th May 2021, in Nairobi CMCCC No. 8434 of 2018)
Ruling
1. I am unable to prepare the judgment herein, as the original trial court records have not been availed, and the record of appeal filed herein is incomplete, for it has no proceedings nor the judgment appealed against.
2. Let the original trial court records be availed, and a complete record of appeal be filed.
3. Once compliance has been obtained, in terms of paragraph 2, above, the appeal file may be returned to me for completion of writing the judgment.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 31ST DAY OF MAY 2024W MUSYOKA..................................JUDGEI cetify that this is a true copy of the originalSignedDEPUTY REGISTRARMs. Veronica, Court Assistant, Milimani, Nairobi.Mr. Arthur Etyang, Court Assistant, Busia.AdvocatesMs. Nanjala, instructed by Kimondo Gachoka & Company, Advocates for the appellants.Ms. Kisiangani, instructed by Waiganjo Wachira & Company, Advocates for the respondent.