[2020] KEHC 193 (KLR)
The court found that the appellant's submissions were not on record despite counsel's assertion that they had been filed. To ensure procedural fairness and proper consideration of the appellant's case, the court ordered the appellant to transmit a copy of its submissions to the court within 10 days. This order...
Source-derived case information.
- Citation
- [2020] KEHC 193 (KLR)
- Parties
- Appellant: Trans Mara Sugar Co. Ltd; Respondent: Boaz Abwao Ambwere
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 11 of 2019
- Procedural Posture
- Civil Appeal / Interlocutory Order on Filing of Submissions
- Outcome
- interlocutory order issued
- Judges
- AC Mrima
- Legal Topics
- Filing of Submissions, Appeal Process, Court Orders
- 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
Trans Mara Sugar Co. Ltd
Appellant
Boaz Abwao Ambwere
Respondent
Procedural Posture
Civil Appeal / Interlocutory Order on Filing of Submissions
Legal Issues
- 1 Whether the appellant had filed its submissions as required by the court.
- 2 What orders should be made regarding the appellant's submissions.
Ratio Decidendi
The court found that the appellant's submissions were not on record despite counsel's assertion that they had been filed. To ensure procedural fairness and proper consideration of the appellant's case, the court ordered the appellant to transmit a copy of its submissions to the court within 10 days. This order ensures compliance with procedural requirements and upholds the right to be heard.
Court Disposition
interlocutory order issued
Orders
- The appellant shall transmit a copy of its submissions to this court within 10 days of this order.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
[Coram: A. C. Mrima, J.]
CIVIL APPEAL NO. 11 OF 2019
BETWEEN
TRANS MARA SUGAR CO. LTD ................................APPELLANT
AND
BOAZ ABWAO AMBWERE.........................................RESPONDENT
(Being an appeal from the judgment and decree by Hon. R. Odenyo Senior Principal Magistrate in Migori
Magistrate's Civil Suit No. 2703 of 2015 delivered on 5/12/2018)
ORDER
1. I have patiently perused the record. I did not come across the submissions filed by the Appellant although Counsel for the Appellant indicated that he had filed the submissions.
2. The Appellant shall therefore transmit a copy of its submissions to this Court within 10 days of this order.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 5th day of March 2020.
A. C. MRIMA
JUDGE