[2014] KEHC 163 (KLR)
The court found that the applicant had satisfied it that the original file could not be traced. In the interests of justice and to avoid prejudice to the parties, the court exercised its inherent powers to order the reconstruction of the lost file from documents to be supplied by the applicant. The court further...
Source-derived case information.
- Citation
- [2014] KEHC 163 (KLR)
- Parties
- Applicant: Muthau Meeni; Respondent: Pharis Gitau Kagondu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 2 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Reconstruct Lost Court File
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Reconstruction of Court File, Loss of Court Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthau Meeni
Applicant
Pharis Gitau Kagondu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Reconstruct Lost Court File
Legal Issues
- 1 Whether the court should order the reconstruction of a lost court file based on documents supplied by the applicant.
- 2 Whether the matter should proceed from the stage it had reached prior to the loss of the file.
Ratio Decidendi
The court found that the applicant had satisfied it that the original file could not be traced. In the interests of justice and to avoid prejudice to the parties, the court exercised its inherent powers to order the reconstruction of the lost file from documents to be supplied by the applicant. The court further directed that, upon reconstruction, the matter should proceed from the stage it had reached prior to the loss of the file. This ensures continuity of proceedings and upholds the right to a fair hearing despite administrative setbacks such as loss of court records.
Court Disposition
application allowed
Orders
- The Deputy Registrar is directed to reconstruct a new file from the documents to be supplied by the applicant.
- After reconstruction, the matter shall proceed from where it had reached.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC APPLICATION NO. 2 OF 2014
IN THE MATTER OF HCCC NO. 38 OF 1989
PHARIS GITAU KAGODU
V
MUTHAU MEENI
AND
IN THE MATTER OF LOSS OF COURT FILE
MUTHAU MEENI..............APPLICANT
VERSUS
PHARIS GITAU KAGONDU............RESPONDENT
R U L I N G
This application is dated 13th January, 2014 and seeks orders that:
The Honourable Court be pleased to issue an order directing the Deputy Registrar to reconstruct a new file from the documents to be supplied by the applicant
That after the reconstruction of the file, the matter to proceed from where it had reached.
It is supported by the following grounds
The court's original file is completely untraceable from the registry.
That there is a pending application to be determined by the court.
The applicant has satisfied the court that the original file can not be traced. In the circumstances, I allow the application with orders to be in the cause.
Delivered in Open Court in Meru this 2nd day of April, 2014 in the presence of:
Cc Daniel/Christine
Murango Mwenda for the Applicant
P. M. NJOROGE
JUDGE