[2021] KEHC 802 (KLR)
The court held that it is unable to determine the application in the absence of the record from Kakamega CMCCC No. 203 of 2015. The determination of the matter is contingent upon perusal of the subordinate court's file, which is necessary for a just and informed decision. Accordingly, the court directed the Deputy...
Source-derived case information.
- Citation
- [2021] KEHC 802 (KLR)
- Parties
- Applicant: Nigel Wesutsa Kundu t/a KN Wesutsa & Company, Advocates; Respondent: Lucas Ahula Ochenyo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E015 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling; Directions Pending Retrieval of Lower Court File
- Outcome
- Adjourned for mention pending retrieval of lower court file.
- Judges
- DN Musyoka
- Legal Topics
- Case File Retrieval, Interlocutory Orders, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nigel Wesutsa Kundu t/a KN Wesutsa & Company, Advocates
Applicant
Lucas Ahula Ochenyo
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling; Directions Pending Retrieval of Lower Court File
Legal Issues
- 1 Whether the High Court can proceed to determine the application without the record of Kakamega CMCCC No. 203 of 2015.
Ratio Decidendi
The court held that it is unable to determine the application in the absence of the record from Kakamega CMCCC No. 203 of 2015. The determination of the matter is contingent upon perusal of the subordinate court's file, which is necessary for a just and informed decision. Accordingly, the court directed the Deputy Registrar to call for the relevant file before any further action or directions can be taken.
Court Disposition
Adjourned for mention pending retrieval of lower court file.
Orders
- The Deputy Registrar is directed to call for the court file in Kakamega CMCCC No. 203 of 2015 for perusal and further action.
- The matter shall be mentioned thereafter for further directions.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CIVIL APPLICATION NO. E015 OF 2021
NIGEL WESUTSA KUNDU
t/a KN WESUTSA & COMPANY, ADVOCATES..........................................APPLICANT
VERSUS
LUCAS AHULA OCHENYO......................................................................RESPONDENT
RULING
1. After perusing the pleadings herein, I get the sense that I cannot determine the matter without sight of the records in Kakamega CMCCC No. 203 of 2015.
2. Consequently, I hereby direct the Deputy Registrar to call for the court file in Kakamega CMCCC No. 203 of 2015, for perusal, and further action.
3. The matter shall thereafter be mentioned for further directions.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 20TH DAY OF DECEMBER 2021
W. MUSYOKA
JUDGE
IN THE PRESENCE OF;-
ERICK ZALO – COURT ASSISTANT
MS. NAFUNYE FOR APPELLANT
MR. ACHERO FOR RESPONDENT