[2025] KEELC 3038 (KLR)
The court found that there was no evidence the appeal had been admitted for hearing, and the lower court file and record of appeal were missing. In the absence of these essential documents, the appeal was not ready for trial as required by Order 42 rule 13(4) of the Civil Procedure Rules. Consequently, the previous...
Source-derived case information.
- Citation
- [2025] KEELC 3038 (KLR)
- Parties
- Appellant: Charles Ogega; Appellant: Jared Menge; Respondent: Home Business Development Project Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E009 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Readiness for Hearing
- Outcome
- Orders setting a date for judgment are set aside; appeal not ready for trial.
- Judges
- LN Mbugua
- Legal Topics
- Appeal Admission, Record of Appeal, Readiness for Hearing
- 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
Charles Ogega
Appellant
Jared Menge
Appellant
Home Business Development Project Ltd
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Readiness for Hearing
Legal Issues
- 1 Whether the appeal was properly admitted for hearing as required by law.
- 2 Whether the absence of the lower court file and record of appeal renders the appeal not ready for trial.
Ratio Decidendi
The court found that there was no evidence the appeal had been admitted for hearing, and the lower court file and record of appeal were missing. In the absence of these essential documents, the appeal was not ready for trial as required by Order 42 rule 13(4) of the Civil Procedure Rules. Consequently, the previous orders setting a date for judgment were set aside to ensure compliance with procedural requirements and to avoid determination of an incomplete record.
Court Disposition
Orders setting a date for judgment are set aside; appeal not ready for trial.
Orders
- The orders giving a date for the judgment are hereby set aside.
Full Case Text
Judgment text and source record
18 paragraphs
Ogega & another v Home Business Development Project Ltd (Environment and Land Appeal E009 of 2022) [2025] KEELC 3038 (KLR) (3 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3038 (KLR)
Republic of Kenya
In the Environment and Land Court at Nyahururu
Environment and Land Appeal E009 of 2022
LN Mbugua, J
April 3, 2025
Between
Charles Ogega
1st Appellant
Jared Menge
2nd Appellant
and
Home Business Development Project Ltd
Respondent
Ruling
1. On 6. 2.2025, this matter was mentioned before me when advocates for the parties informed the court that directions on the hearing of the appeal were given on 9. 10. 2024 and that parties had duly filed submissions. On that basis, the court gave a date for delivery of judgment as 3. 4.2025. However, when I retired to write the judgment, I did not find the lower court file and even the record of appeal. The minute sheets of this file similarly do not capture the said documents. There is no evidence to indicate that the appeal was admitted for hearing. In terms of the provisions of Order 42 rule 13 (4), I find that the appeal is not ready for trial, hence the orders giving a date for the judgment are hereby set aside.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 3RD DAY OF APRIL 2025 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Muchangi Patrick for the AppellantM/S Wahome H/B for Mathea for the Respondent