[2024] KEHC 12561 (KLR)
The court found that it could not proceed to determine the appeal in Busia HCCA No. E033 of 2022, which challenges the ruling of 7th September 2022, because the appellant had not filed a complete record of appeal containing all proceedings up to the date of the impugned ruling. The records on file only covered...
Source-derived case information.
- Citation
- [2024] KEHC 12561 (KLR)
- Parties
- Appellant: Umulkheir Ashiswa Murenga; Respondent: Musa Odera Amakobe
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E033 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Completeness of Record of Appeal and Directions
- Outcome
- Directions issued for filing of complete record of appeal; mention date set for compliance.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Records, Consolidation of Appeals, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Umulkheir Ashiswa Murenga
Appellant
Musa Odera Amakobe
Respondent
Procedural Posture
Civil Appeal / Ruling on Completeness of Record of Appeal and Directions
Legal Issues
- 1 Whether the appellant has filed a complete record of appeal for both consolidated appeals.
- 2 Whether the court can determine the appeal challenging the ruling of 7th September 2022 without the full record of proceedings.
Ratio Decidendi
The court found that it could not proceed to determine the appeal in Busia HCCA No. E033 of 2022, which challenges the ruling of 7th September 2022, because the appellant had not filed a complete record of appeal containing all proceedings up to the date of the impugned ruling. The records on file only covered proceedings up to 26th January 2021, omitting subsequent proceedings that were material to the appeal. The court therefore directed the appellant to file a complete record of appeal, inclusive of all relevant proceedings up to 7th September 2022, to enable the court to properly adjudicate the consolidated appeals.
Court Disposition
Directions issued for filing of complete record of appeal; mention date set for compliance.
Orders
- The appellant shall file a complete record of appeal, including all proceedings up to 7th September 2022.
- The matter shall be mentioned on 18th November 2024 for compliance and further directions.
Full Case Text
Judgment text and source record
22 paragraphs
Murenga v Amakobe (Civil Appeal E033 of 2022 & E013 of 2023 (Consolidated)) [2024] KEHC 12561 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12561 (KLR)
Republic of Kenya
In the High Court at Busia
Civil Appeal E033 of 2022 & E013 of 2023 (Consolidated)
WM Musyoka, J
October 22, 2024
Between
Umulkheir Ashiswa Murenga
Appellant
and
Musa Odera Amakobe
Respondent
(An appeal arising from the judgment of Hon. Idris N. Nyaboga, Senior Resident Kadhi, SRK, delivered on 23rd February 2021, in Busia KCDC No. 1 of 2020, and 7th September 2022, in Busia KCDC No. 1 of 2020)
Ruling
1. I made an order, in Busia HCCA No. E013 of 2023, in a ruling that was delivered on 19th April 2024, where I ordered consolidation of the appeal in Busia HCCA No. E013 of 2023, with that in Busia HCCA No. E033 of 2022. I further directed that the 2 appeals be canvassed simultaneously, by way of written submissions. Submissions were filed.
2. When I settled to write judgment in the consolidated appeal, I established that, whereas the appellant had filed a complete record of appeal, in respect of Busia HCCA No. E013 of 2023, which challenges the judgment of 23rd February 2021, she did not file a complete record of appeal in Busia HCCA No. E033 of 2022, which challenges a ruling that was delivered on 7th September 2022.
3. The records of appeal filed in the 2 causes run up to 26th January 2021, yet there were proceedings that were conducted thereafter, inclusive of those leading up to the ruling of 7th September 2022.
4. I am unable to decide on the appeal challenging the determination of 7th September 2022, without the proceedings relating to that ruling.
5. Let the appellant file a complete record of appeal, which, from what I see from the handwritten record of the trial court, runs up to 7th September 2022.
6. This matter shall be mentioned on 18th November 2024, for compliance and further directions.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 22ND DAY OF OCTOBER 2024. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Ouma, instructed by BM Ouma & Company, Advocates for the appellant.Mr. Otanga, instructed by Bogonko Otanga & Company, Advocates for the respondent.