[2019] KEHC 2711 (KLR)

[2019] KEHC 2711 (KLR)

The court is unable to proceed with the preparation and delivery of judgment in the appeal because the original records from the trial court have not been availed. The absence of the trial court record is a procedural impediment that must be resolved before the appellate court can determine the merits of the appeal....

Source-derived case information.

Citation
[2019] KEHC 2711 (KLR)
Parties
Appellant: Patel Prabhakar; Respondent: Richard Chacha Imbosa
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Civil Appeal 89 of 2013
Procedural Posture
Civil Appeal / Ruling on Progress of Appeal Pending Original Trial Court Records
Outcome
Judgment deferred pending availability of original trial court records.
Judges
DN Musyoka
Legal Topics
Appeal Record Availability, Judgment Preparation, Court Administration
Source Language
en
Civil Procedure Appeal Record Availability Judgment Preparation Court Administration

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Patel Prabhakar

Appellant

Richard Chacha Imbosa

Respondent

Procedural Posture

Civil Appeal / Ruling on Progress of Appeal Pending Original Trial Court Records

Legal Issues

  1. 1 Whether the High Court can proceed to prepare and deliver judgment in the absence of the original trial court records.
  2. 2 What procedural steps should be taken when the trial court record is missing.

Ratio Decidendi

The court is unable to proceed with the preparation and delivery of judgment in the appeal because the original records from the trial court have not been availed. The absence of the trial court record is a procedural impediment that must be resolved before the appellate court can determine the merits of the appeal. The court therefore directs the Deputy Registrar to call for the original records, after which the matter will be mentioned for compliance and allocation of a judgment date.

Court Disposition

Judgment deferred pending availability of original trial court records.

Orders

  • The Deputy Registrar shall call for the original records of the trial court.
  • The matter shall be mentioned for compliance and allocation of a date for judgment after the records are availed.