[2023] KEHC 26329 (KLR)
The court held that it is unable to determine the application for stay in the absence of the original trial court records, as those records are essential for a fair and informed decision. The Deputy Registrar was directed to call for the records, and the matter was adjourned for determination upon their availability.
Source-derived case information.
- Citation
- [2023] KEHC 26329 (KLR)
- Parties
- Appellant: Solomon Adundo Odhiambo; Appellant: Nyolas Enterprises Limited; Respondent: James Angelo Oduory
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E048 of 2022
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay Pending Appeal
- Outcome
- Application adjourned pending availability of trial court records.
- Judges
- WM Musyoka
- Legal Topics
- Stay of Execution, Appeals Process, Trial Record Availability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Adundo Odhiambo
Appellant
Nyolas Enterprises Limited
Appellant
James Angelo Oduory
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Stay Pending Appeal
Legal Issues
- 1 Whether the application for stay can be determined in the absence of the original trial court records.
- 2 Whether the appellants have complied with the conditions for stay as granted by the trial court.
Ratio Decidendi
The court held that it is unable to determine the application for stay in the absence of the original trial court records, as those records are essential for a fair and informed decision. The Deputy Registrar was directed to call for the records, and the matter was adjourned for determination upon their availability.
Court Disposition
Application adjourned pending availability of trial court records.
Orders
- Deputy Registrar to call for the original trial court records.
- Ruling on the application to be delivered on December 20, 2023, subject to the records being availed.
Full Case Text
Judgment text and source record
19 paragraphs
Odhiambo & another v Oduory (Civil Appeal E048 of 2022) [2023] KEHC 26329 (KLR) (11 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26329 (KLR)
Republic of Kenya
In the High Court at Busia
Civil Appeal E048 of 2022
WM Musyoka, J
December 11, 2023
Between
Solomon Adundo Odhiambo
1st Appellant
Nyolas Enterprises Limited
2nd Appellant
and
James Angelo Oduory
Respondent
Ruling
1. The application for determination is dated October 4, 2023, and it has been brought on the basis that the appellants had been granted stay orders by the trial court, which they aver could not be complied with, hence the instant application. The respondent has reacted to that application, and, in his written submissions, has cited exhaustively from the record of the trial court, to argue that the appellants have not been keen on doing the right thing.
2. The original trial court records have not been availed, yet they are critical to the determination of the instant application. Consequently, I am unable to determine the said application, without sight of the said original trial court records. Let the Deputy Registrar call for the said records. I shall determine this application on December 20, 2023, subject to the said records being availed.
DATED AND SIGNED IN CHAMBERS, AND DELIVERED BY EMAIL, AT BUSIA THIS 11TH DAY OF DECEMBER 2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Wahome, instructed by Nyairo & Company, Advocates for the appellants.Mr. Wanyama*, instructed by Wanyama & Company,Advocates for the respondent.