[2024] KEHC 794 (KLR)

[2024] KEHC 794 (KLR)

The court held that it is unable to prepare and deliver a judgment in the appeal because the original trial court record has not been availed. The absence of the record precludes the court from considering the merits of the appeal, as the record is essential for a proper and fair determination. The court therefore...

Source-derived case information.

Citation
[2024] KEHC 794 (KLR)
Parties
Appellant: Fredrick Omondi Opeth; Appellant: Jackson Muga Onyango; Respondent: Elisha Muchira Musa
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Case Number
Civil Appeal E018 of 2022
Procedural Posture
Civil Appeal / Ruling on Inability to Proceed Due to Missing Trial Court Record
Outcome
Mention for directions; no determination on merits due to missing record.
Judges
WM Musyoka
Legal Topics
Appeal Record Availability, Adjournment, Court Administration
Source Language
en
Civil Procedure Appeal Record Availability Adjournment Court Administration

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Summary, issues, holding and outcome

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Parties

Fredrick Omondi Opeth

Appellant

Jackson Muga Onyango

Appellant

Elisha Muchira Musa

Respondent

Procedural Posture

Civil Appeal / Ruling on Inability to Proceed Due to Missing Trial Court Record

Legal Issues

  1. 1 Whether the High Court can proceed to determine the appeal in the absence of the original trial court record.
  2. 2 What directions should be given when the trial court record is unavailable.

Ratio Decidendi

The court held that it is unable to prepare and deliver a judgment in the appeal because the original trial court record has not been availed. The absence of the record precludes the court from considering the merits of the appeal, as the record is essential for a proper and fair determination. The court therefore directed the Deputy Registrar to facilitate the availing of the trial court record and scheduled a mention for further directions upon receipt of the same.

Court Disposition

Mention for directions; no determination on merits due to missing record.

Orders

  • The Deputy Registrar is directed to cause the trial court records to be availed.
  • The matter shall be mentioned on a date to be allocated for receipt of the records and further directions.