[2024] KEHC 7672 (KLR)
The court held that since the appeal solely concerns the assessment of damages, and the medico-legal report on which the trial court based its decision is missing from both the record of appeal and the original trial court file, it is impossible to determine the appeal. The absence of this critical document renders...
Source-derived case information.
- Citation
- [2024] KEHC 7672 (KLR)
- Parties
- Appellant: Kwame Onderi; Appellant: Henry Endekwa Igambi; Respondent: ESO (A minor suing through next friend and father John Tabu Owade)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E538 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Incomplete Record; Directions for Further Action
- Outcome
- No determination on the merits; file returned for directions due to incomplete record.
- Judges
- WM Musyoka
- Legal Topics
- Appeal Record, Assessment of Damages, Medico Legal Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kwame Onderi
Appellant
Henry Endekwa Igambi
Appellant
ESO (A minor suing through next friend and father John Tabu Owade)
Respondent
Procedural Posture
Civil Appeal / Ruling on Incomplete Record; Directions for Further Action
Legal Issues
- 1 Whether the appeal on assessment of damages can be determined without the medico-legal report forming the basis of the trial court's judgment.
Ratio Decidendi
The court held that since the appeal solely concerns the assessment of damages, and the medico-legal report on which the trial court based its decision is missing from both the record of appeal and the original trial court file, it is impossible to determine the appeal. The absence of this critical document renders the record incomplete, and the court cannot proceed to judgment without it. The file must therefore be placed before the Presiding Judge for further directions, and the matter may only proceed once the relevant document is on record.
Court Disposition
No determination on the merits; file returned for directions due to incomplete record.
Orders
- The file is returned to the registry of the Civil Division, High Court of Kenya, at Milimani Nairobi, to be placed before the Presiding Judge for further directions.
- The file may be returned to the current judge for completion of judgment-writing once the relevant medico-legal report has been placed on record.
Full Case Text
Judgment text and source record
23 paragraphs
Onderi & another v ESO (A minor suing through next friend and father John Tabu Owade) (Civil Appeal E538 of 2021) [2024] KEHC 7672 (KLR) (Civ) (25 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7672 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E538 of 2021
WM Musyoka, J
June 25, 2024
Between
Kwame Onderi
1st Appellant
Henry Endekwa Igambi
2nd Appellant
and
ESO (A minor suing through next friend and father John Tabu Owade)
Respondent
(An appeal arising from the judgment of Hon. DW Mburu, Senior Principal Magistrate, SPM, delivered on 30th July 2021, in Milimani CMCCC No. 5042 of 2019)
Ruling
1. I am unable to complete writing judgment in this matter, as the record is incomplete.
2. According to the judgment of 30th July 2021, the trial court assessed quantum of damages based on a medico-legal report, by a Dr. TS Mogire, dated 21st August 2020. That report is not in the undated record of appeal filed herein on 28th November 2021. I have also very closely perused the original trial court records, and I have not come across any such report, or any other medico-legal report for that matter.
3. The appeal herein turns only on the issue of assessment of damages, and an appeal around that issue cannot be determined in the absence of such a medico-legal report.
4. Consequently, I hereby return the file to the registry of the Civil Division, High Court of Kenya, at Milimani Nairobi, to be placed before the Presiding Judge, for further directions. The file may be returned to me, for completion of the judgment-writing, once the relevant document has been placed on record.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 25TH DAY OF JUNE 2024W MUSYOKAJUDGEMs. Veronica, Court Assistant, Milimani, Nairobi.Mr. Arthur Etyang, Court Assistant, Busia.AdvocatesMr. Ombati, instructed by Ombati Ong’au & Company, Advocates for the appellants.Ms. Muriuki, instructed by Mutai Maina Kimeu & Company, Advocates for the respondent.