[2017] KEHC 697 (KLR)
The court found that the Record of Appeal was defective because it contained proceedings from a different case with similar numbering but different parties. To ensure a fair determination of the appeal, the court exercised its discretion to adjourn the judgment and directed the appellant to regularize the record by...
Source-derived case information.
- Citation
- [2017] KEHC 697 (KLR)
- Parties
- Appellant: South Nyanza Sugar Co. Ltd; Respondent: Simeona A. Opala
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 96 of 2015
- Procedural Posture
- Civil Appeal / Directions Prior to Judgment
- Outcome
- Judgment adjourned; directions issued for regularization of the record.
- Judges
- AC Mrima
- Legal Topics
- Record of Appeal, Supplementary Record, 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
South Nyanza Sugar Co. Ltd
Appellant
Simeona A. Opala
Respondent
Procedural Posture
Civil Appeal / Directions Prior to Judgment
Legal Issues
- 1 Whether the Record of Appeal contains the correct lower court proceedings and documents.
- 2 What steps should be taken to regularize the appeal record before judgment can be delivered.
Ratio Decidendi
The court found that the Record of Appeal was defective because it contained proceedings from a different case with similar numbering but different parties. To ensure a fair determination of the appeal, the court exercised its discretion to adjourn the judgment and directed the appellant to regularize the record by filing a Supplementary Record of Appeal containing the correct lower court proceedings. The court also fixed a date for further directions, emphasizing the necessity of an accurate record for the just resolution of the appeal.
Court Disposition
Judgment adjourned; directions issued for regularization of the record.
Orders
- The appellant shall liaise with the Deputy Registrar to avail the correct lower court file.
- Leave is granted to the appellant to file and serve a Supplementary Record of Appeal within 14 days introducing the correct proceedings and any missing documents.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENY AT MIGORI
CIVIL APPEAL NO. 96 OF 2015
SOUTH NYANZA SUGAR CO. LTD........................................................APPELLANT
-versus-
SIMEONA A. OPALA............................................................................RESPONDENT
DIRECTIONS
1. As I retired to write the judgment in this matter I realized that there must have been a mix-up of documents while preparing the Record of Appeal. Whereas this appeal arises from Migori Chief Magistrates Court Civil Case No. 554 of 2014Simeona A. Opala -vs- South Nyanza Sugar Co. Ltd,the proceedings in the Record of Appeal bear the similar No. 554 of 2014 but different parties Jared Otieno Anyango -vs- South Nyanza Sugar Co. Ltd.
2. I have also perused the lower court file in this appeal. The same is Migori Chief Magistrates Court Civil Case No. 554 of 2014Jared Otieno Anyango -vs- South Nyanza Sugar Co. Ltdinstead.
3. In view of the state of the record the judgment is hereby adjourned sine dire and I hereby issue the following directions: -
a) The Appellant to regularize the state of the record in this appeal by liaising with the Deputy Registrar to avail the correct lower court file.
b) Leave is hereby granted to the Appellant to file and serve a Supplementary Record of Appeal within 14 days of today and introduce the correct proceedings in the lower court and any other document(s) which may be missing as part of the record before this Court.
c) This matter is hereby fixed for further directions on 20/09/2017.
DELIVERED, DATED and SIGNED at MIGORI this 27th day of July 2017.
A. C. MRIMA
JUDGE