[2023] KEELC 17749 (KLR)
The court found that the record of appeal was incomplete as it lacked the decree and the appellant's submissions filed at the trial court. Guided by constitutional principles emphasizing access to justice and the need to avoid undue regard to procedural technicalities, the court held that the respondent's objection...
Source-derived case information.
- Citation
- [2023] KEELC 17749 (KLR)
- Parties
- Appellant: Samuel Odoyo Nyambok; Respondent: Micah Onyango Ojuka; Respondent: Jack Otieno Oyier
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 30 of 2022
- Procedural Posture
- Environment and Land Appeal / Interlocutory Ruling on Completeness of Record of Appeal
- Outcome
- Objection upheld; directions issued for filing supplementary record and submissions.
- Judges
- GMA Ongondo
- Legal Topics
- Record of Appeal, Supplementary Record, Written Submissions, Appeal Procedure
- 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
Samuel Odoyo Nyambok
Appellant
Micah Onyango Ojuka
Respondent
Jack Otieno Oyier
Respondent
Procedural Posture
Environment and Land Appeal / Interlocutory Ruling on Completeness of Record of Appeal
Legal Issues
- 1 Whether the record of appeal is complete without the decree and submissions filed at the trial court.
- 2 Whether the omission of these documents warrants an order for filing a supplementary record of appeal.
Ratio Decidendi
The court found that the record of appeal was incomplete as it lacked the decree and the appellant's submissions filed at the trial court. Guided by constitutional principles emphasizing access to justice and the need to avoid undue regard to procedural technicalities, the court held that the respondent's objection was merited. The court ordered the appellant to file and serve a supplementary record of appeal, including the missing documents, and set timelines for the exchange of written submissions to ensure the appeal proceeds fairly and expeditiously.
Court Disposition
Objection upheld; directions issued for filing supplementary record and submissions.
Orders
- The appellant's counsel to file and serve a supplementary record of appeal together with submissions within 14 days from the date of the ruling.
- The respondents' counsel to file and serve submissions within 14 days from the date of service of the appellant's submissions.
Full Case Text
Judgment text and source record
23 paragraphs
Nyambok v Ojuka & another (Environment and Land Appeal 30 of 2022) [2023] KEELC 17749 (KLR) (5 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17749 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 30 of 2022
GMA Ongondo, J
June 5, 2023
Between
Samuel Odoyo Nyambok
Appellant
and
Micah Onyango Ojuka
1st Respondent
Jack Otieno Oyier
2nd Respondent
Ruling
1. Mr Omondi Ogwel learned counsel for the appellant informed this court that a record of appeal dated February 15, 2023 has been duly filed and served on the respondents’ counsel.
2. Mr B. Mulisa learned counsel for the respondent has raised an objection to the completeness of the record. That the decree and the relevant submissions are not included therein.
3. The appellant’s counsel has cited article 159 (2) (d) of the Constitution of Kenya, 2010 in reply to the respondent’s contention. That the appellant’s submissions are found in the trial court’s original record availed herein and that the submissions were served in the original suit.
4. Having heard counsel for the respective parties regarding the record of appeal, I note that the decree and the appellant’s submissions filed at the trial court are not included in the record.
5. Moreover, being guided by articles 48,50(1) and 159(2)(b) and (d) of the Constitution (supra) on the ends of justice, I find the respondent’s objection merited.
6. Thus, I hereby order and direct as follows.a.The appellant’s counsel to file and serve a supplementary record of appeal together with submissions within 14 days from this date.b.The respondents’ counsel to file and serve submissions within 14 days from the date of service of the appellant’s submissions.c.This appeal be heard by written submissions accordingly.d.Highlighting of submissions on September 26, 2023.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 5TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT1. Mr. Omondi Ogwel learned counsel for appellant.2. Mr. B. Mulisa holding brief for Mimba learned counsel for the respondent.