[2023] KEELRC 171 (KLR)
The court determined that the appeal could not proceed to judgment because the Record of Appeal was incomplete. The Appellant failed to provide a properly bound, paginated, and marked Record of Appeal containing all necessary documents, including pleadings, proceedings, and the judgment of the trial court. Without...
Source-derived case information.
- Citation
- [2023] KEELRC 171 (KLR)
- Parties
- Appellant: Patrick Ouma Oluoch; Respondent: Mehta Electricals Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Appeal E065 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Completeness of Record of Appeal
- Outcome
- The appeal is not determined on its merits due to an incomplete Record of Appeal. The file is reverted to the registry and parties are to move the court when a proper Record of Appeal is ready. The previous order of 29th September 2022 is set aside.
- Judges
- J Rika
- Legal Topics
- Appeal Record Requirements, Court Procedure, Filing Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Ouma Oluoch
Appellant
Mehta Electricals Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Completeness of Record of Appeal
Legal Issues
- 1 Whether the appeal can proceed in the absence of a complete and properly bound Record of Appeal.
- 2 Whether the Appellant has fulfilled the procedural requirements to enable the court to prepare and deliver judgment.
Ratio Decidendi
The court determined that the appeal could not proceed to judgment because the Record of Appeal was incomplete. The Appellant failed to provide a properly bound, paginated, and marked Record of Appeal containing all necessary documents, including pleadings, proceedings, and the judgment of the trial court. Without these, the court is unable to prepare or deliver a judgment. The responsibility to ensure the completeness of the Record of Appeal lies with the Appellant, and failure to do so renders the appeal incomplete and incapable of being determined on its merits.
Court Disposition
The appeal is not determined on its merits due to an incomplete Record of Appeal. The file is reverted to the registry and parties are to move the court when a proper Record of Appeal is ready. The previous order of 29th September 2022 is set aside.
Orders
- The file is reverted to the Registry.
- Parties shall move the Court when a bound, clearly paginated and marked Record of Appeal is ready.
Full Case Text
Judgment text and source record
19 paragraphs
Oluoch v Mehta Electricals Limited (Appeal E065 of 2021) [2023] KEELRC 171 (KLR) (31 January 2023) (Ruling)
Neutral citation: [2023] KEELRC 171 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Appeal E065 of 2021
J Rika, J
January 31, 2023
Between
Patrick Ouma Oluoch
Appellant
and
Mehta Electricals Limited
Respondent
Ruling
1. The Appellant’s Counsel appeared before the Court on 30th June 2022, and informed the Court that the Record of Appeal is ready. He proposed to file Submissions within 21 days. It was confirmed that the Appellant filed his Submissions, during the last Court appearance on 29th September 2022, while the Respondent undertook to file its Submissions within 7 days. Parties were advised that Judgment would be delivered on notice.
2. Unfortunately, the Court has not been able to meet its promise. In the course of preparing the Judgment, it has come to the attention of the Court that there is no Record of Appeal in the physical file. There just are loose papers, all over the file, one titled ‘Record of Appeal.’ It is followed by an ‘Index To The Record of Appeal,’ and a ‘Memorandum of Appeal.’ Beyond this there is nothing in the Record. There are no Pleadings, Proceedings, Documents, and Judgment of the Trial Court.
3. The Appellant desires to have the Judgment of the Court, but has quite clearly, not done his part, to make it possible for the Court to prepare and deliver its Judgment. Without a Record of Appeal, there is no Judgment for the Court to prepare and deliver. The Appellant should prepare a proper Record of Appeal, with the Pleading, Proceedings, Documents and Judgment of the Trial Court, bound in one paginated and marked Record. The Appeal as filed and forwarded to the undersigned Judge for preparation and delivery of Judgment, is incomplete.
It is ordered: -a.The file is reverted to the Registry.b.Parties shall move the Court when a bound, clearly paginated and marked Record of Appeal is ready.c.The order made on 29th September 2022 is set aside.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND COVID-19 GUIDELINES, THIS 31ST DAY OF JANUARY 2023. JAMES RIKAJUDGE.