[2020] KEELC 2295 (KLR)
The court found that the absence of the trial court proceedings in the record of appeal is a fundamental defect that precludes the delivery of judgment. To ensure a fair and complete determination of the appeal, the court exercised its discretion to direct the parties to file a supplementary record incorporating the...
Source-derived case information.
- Citation
- [2020] KEELC 2295 (KLR)
- Parties
- Appellant: Royal Media Services Ltd; Appellant: Vitalis Owiti Olewe; Respondent: Zacharia Karanja Kinyanjui; Respondent: Joseph Mbugua Maina; Respondent: Fransican Sisters of St. Anna Lwak
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Appeal 329 of 2017
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Record Completeness
- Outcome
- Parties directed to file supplementary record; judgment deferred.
- Judges
- TM Olando
- Legal Topics
- Appeal Record, Supplementary Record, Trial Court Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Royal Media Services Ltd
Appellant
Vitalis Owiti Olewe
Appellant
Zacharia Karanja Kinyanjui
Respondent
Joseph Mbugua Maina
Respondent
Fransican Sisters of St. Anna Lwak
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Record Completeness
Legal Issues
- 1 Whether the appeal can be determined in the absence of the trial court proceedings.
- 2 Whether parties should be directed to file a supplementary record to include the lower court proceedings.
Ratio Decidendi
The court found that the absence of the trial court proceedings in the record of appeal is a fundamental defect that precludes the delivery of judgment. To ensure a fair and complete determination of the appeal, the court exercised its discretion to direct the parties to file a supplementary record incorporating the missing proceedings from the lower court. This approach aligns with the principles of justice and the requirements of appellate procedure, which mandate that the appellate court must have the full record before rendering a decision.
Court Disposition
Parties directed to file supplementary record; judgment deferred.
Orders
- Parties to file supplementary record to include proceedings of the Lower Court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
APPEAL NO. 329 OF 2017
ROYAL MEDIA SERVICES LTD...............................................1ST APPELLANT
VITALIS OWITI OLEWE...........................................................2ND APPELLANT
-VERSUS-
ZACHARIA KARANJA KINYANJUI...................................1ST RESPONDENT
JOSEPH MBUGUA MAINA..................................................2ND RESPONDENT
FRANSICAN SISTERS OF ST. ANNA LWAK...................3RD RESPONDENT
RULING
I have perused the record of Appeal and I do find that there are no proceedings of the trial court in respect of Kisumu Magistrates Court Caser number 230 of2005 and therefore Judgment cannot be delivered. I do order the parties to file supplementary record to include proceedings of the Lower Court.
DATED, DELIVEREDAND SIGNED THIS 22ND DAY OF MAY, 2020.
A.O. OMBWAYO
ENVIRONMENT & LAND
JUDGE
This judgment is hereby delivered to the parties by electronic mail due to the measures restricting court operations due to COVID -19 pandemic and in light of directions issued by the Honourable Chief Justice on 15THMarch 2019 and with the consent of the parties.
A.O. OMBWAYO
ENVIRONMENT & LAND
JUDGE
22/5/2020