[2020] KEHC 6226 (KLR)

[2020] KEHC 6226 (KLR)

The court held that it was unable to prepare or deliver a ruling on the motion dated 12th November 2019 because the original records from Mumias SPMCCC No. 661 of 2007 had not been made available. The absence of the lower court file made it procedurally impossible to address the merits of the application....

Source-derived case information.

Citation
[2020] KEHC 6226 (KLR)
Parties
Appellant: Supply Linkages; Respondent: Hudson Mangeni
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 270 of 2019
Procedural Posture
Miscellaneous Civil Application / Awaiting Original Lower Court Record; Ruling Deferred
Outcome
Ruling deferred; mention date set to confirm availability of lower court file.
Judges
DN Musyoka
Legal Topics
Appeal Record Availability, Adjournment, Court Administration
Source Language
en
Civil Procedure Appeal Record Availability Adjournment Court Administration

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Summary, issues, holding and outcome

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Parties

Supply Linkages

Appellant

Hudson Mangeni

Respondent

Procedural Posture

Miscellaneous Civil Application / Awaiting Original Lower Court Record; Ruling Deferred

Legal Issues

  1. 1 Whether the court can proceed to rule on the motion dated 12th November 2019 without the original lower court records.
  2. 2 What procedural steps should be taken when the lower court file is unavailable.

Ratio Decidendi

The court held that it was unable to prepare or deliver a ruling on the motion dated 12th November 2019 because the original records from Mumias SPMCCC No. 661 of 2007 had not been made available. The absence of the lower court file made it procedurally impossible to address the merits of the application. Consequently, the court directed the Deputy Registrar to follow up on the missing records and scheduled a mention date to confirm their availability before allocating a fresh date for the ruling. The court exercised its inherent powers to adjourn the matter in the interest of justice and proper record-keeping.

Court Disposition

Ruling deferred; mention date set to confirm availability of lower court file.

Orders

  • The Deputy Registrar is directed to follow up on the original records from Mumias SPMCCC No. 661 of 2007.
  • The matter shall be mentioned on 28th May 2020 to confirm whether the lower court file has been availed and to allocate a fresh date for ruling.