[2019] KEHC 1240 (KLR)
The court found that it was not possible to address the issues raised in the Memorandum of Appeal or the parties' submissions because the judgment of the lower court, which forms the basis of the appeal, was not typed or certified and was difficult to read. In the absence of a clear and certified judgment from the...
Source-derived case information.
- Citation
- [2019] KEHC 1240 (KLR)
- Parties
- Appellant: Reuben Omwenga Marwanga; Appellant: Florence Mwango Nyaranga; Respondent: Gwaro Onwonga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 382 of 2010
- Procedural Posture
- Civil Appeal / Directions Prior to Judgment
- Outcome
- No judgment delivered; directions issued for typing and certification of lower court judgment.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Appeal Record Preparation, Judgment Typing, Court Directions
- 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
Reuben Omwenga Marwanga
Appellant
Florence Mwango Nyaranga
Appellant
Gwaro Onwonga
Respondent
Procedural Posture
Civil Appeal / Directions Prior to Judgment
Legal Issues
- 1 Whether the appeal can be determined without a typed and certified copy of the lower court's judgment.
- 2 What procedural steps should be taken when the record of appeal contains an illegible or uncertified judgment.
Ratio Decidendi
The court found that it was not possible to address the issues raised in the Memorandum of Appeal or the parties' submissions because the judgment of the lower court, which forms the basis of the appeal, was not typed or certified and was difficult to read. In the absence of a clear and certified judgment from the lower court, the appellate court cannot proceed to determine the appeal on its merits. The court therefore exercised its discretion to direct that the handwritten judgment be typed and certified, and that both parties be given an opportunity to confirm its accuracy before the appeal can proceed to judgment.
Court Disposition
No judgment delivered; directions issued for typing and certification of lower court judgment.
Orders
- The handwritten judgment of the lower court at pages 28 to 35 of the record of appeal shall be typed within 14 days from the date of this direction.
- Both parties shall be given a copy of the typed judgment to confirm its accuracy within 7 days of service.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 382 OF 2010
REUBEN OMWENGA MARWANGA..................1ST APPELLANT
FLORENCE MWANGO NYARANGA................2ND APPELLANT
VERSUS
GWARO ONWONGA................................................RESPONDENT
DIRECTIONS
On 7th October 2016 going by the record hereof, the court made an order that the appeal was ready for hearing. Subsequently, parties were asked to file submissions which they duly did. On 16th July, 2019 the court set 31st October, 2019 to be the date for delivery of Judgment. When I retired to prepare the said judgment I noted that the Judgment of the lower court appearing at page 28 to 35 of the record of appeal had not been typed or certified.
A reading of the said un typed judgment is not easy yet it is that judgment upon which the Memorandum Of Appeal is anchored. Faced with such a situation, it was not possible to address the issues raised in the Memorandum of Appeal and submissions made by the parties herein. Regrettably therefore, no judgment can be delivered in the circumstances.
The foregoing being the case, I hereby direct that the handwritten judgment of the lower court appearing on the cited pages above shall be typed expeditiously within 14 days from the date of this direction. Thereafter, both parties shall be given a copy thereof to confirm that it is a true reflection of the handwritten judgment within 7 days from the date of service. The appeal shall now be mentioned on 27th November, 2019 to confirm compliance and setting of the judgement date.
Dated, signed and delivered at Nairobi this 7th Day of November, 2019.
A. MBOGHOLI MSAGHA
JUDGE