[2019] KEHC 3604 (KLR)
The court determined that it is unable to proceed with the preparation and delivery of judgment in the appeal due to the unavailability of the original record from the trial court. The presence of the original record is essential for the appellate court to properly review the proceedings and make an informed...
Source-derived case information.
- Citation
- [2019] KEHC 3604 (KLR)
- Parties
- Appellant: Songole Elam; Respondent: Paul Kivisi Lunalo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 127 of 2017
- Procedural Posture
- Civil Appeal / Awaiting Original Trial Court Record; Judgment Not Delivered
- Outcome
- Judgment deferred pending availability of original trial court record.
- Judges
- DN Musyoka
- Legal Topics
- Appeal Record Availability, Judgment Preparation, Trial Court Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Songole Elam
Appellant
Paul Kivisi Lunalo
Respondent
Procedural Posture
Civil Appeal / Awaiting Original Trial Court Record; Judgment Not Delivered
Legal Issues
- 1 Whether the High Court can proceed to deliver judgment in the absence of the original trial court record.
Ratio Decidendi
The court determined that it is unable to proceed with the preparation and delivery of judgment in the appeal due to the unavailability of the original record from the trial court. The presence of the original record is essential for the appellate court to properly review the proceedings and make an informed decision. As such, the court directed the Deputy Registrar to ensure the record is availed before a judgment date can be allocated.
Court Disposition
Judgment deferred pending availability of original trial court record.
Orders
- The Deputy Registrar shall cause the original trial court record to be availed.
- Judgment date shall be allocated thereafter.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 127 OF 2017
SONGOLE ELAM..............................................APPELLANT
VERSUS
PAUL KIVISI LUNALO.............................RESPONDENT
(Being an appeal from the judgment and decree of Principal Magistrate’s Court, Vihiga delivered on 12th October 2017 in Civil Suit No. 112 of 2015)
RULING
1. In the course of preparing the judgment herein, it transpired that the original record from the trial court is yet to be made available. I am therefore unable to complete the exercise.
2. The Deputy Registrar shall cause the said record to be availed. Judgment date shall be allocated thereafter.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 18th DAY OF October 2019
W MUSYOKA
JUDGE