[2004] KEHC 2233 (KLR)
The court found that the appeal could not proceed because the original record from the lower court had not been transmitted to the High Court, despite repeated requests by the Deputy Registrar. The delay was attributed to administrative inaction by the Chief Magistrate, not to either party. Consequently, the court...
Source-derived case information.
- Citation
- [2004] KEHC 2233 (KLR)
- Parties
- Appellant: Transami (K) Limited; Respondent: Andrew M. Mdindi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 70 of 2002
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Directions
- Outcome
- Directions issued to Chief Magistrate to transmit original record within 21 days; mention date set.
- Legal Topics
- Appeal Record Preparation, Court Directions, Delay in Transmission of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transami (K) Limited
Appellant
Andrew M. Mdindi
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Directions
Legal Issues
- 1 Whether the appeal can proceed in the absence of the original record from the lower court.
- 2 Who is responsible for the delay in transmission of the original record to the High Court.
- 3 What directions should be issued to facilitate the progress of the appeal.
Ratio Decidendi
The court found that the appeal could not proceed because the original record from the lower court had not been transmitted to the High Court, despite repeated requests by the Deputy Registrar. The delay was attributed to administrative inaction by the Chief Magistrate, not to either party. Consequently, the court directed the Chief Magistrate to comply with the Deputy Registrar's requests and transmit the original record within 21 days to enable the appeal to proceed. The court also ordered that the ruling be typed and served upon the Chief Magistrate to ensure compliance and set a mention date to monitor progress.
Court Disposition
Directions issued to Chief Magistrate to transmit original record within 21 days; mention date set.
Orders
- The Chief Magistrate, Mombasa, is directed to comply with the Deputy Registrar's requests and transmit the original record within 21 days.
- This ruling is to be typed and served upon the Chief Magistrate, Mombasa.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CIV APP 70 OF 02
TRANSAMI (K) LIMITED……………………………….APPELLANT
= V E R S U S=
ANDREW M. MDINDI…………………………………RESPONDENT
R U L I N G
15/3/2004
Coram: Before Hon. J. Khaminwa
Ms Abuodha – for the Applicant
Mrs. Tutui – for the Respondent
Court Clerk – Chege
Ms Abuodha
After perusing the replying affidavit I ask the court to issue directions as to the typing of the proceedings. The record in the original file has not been brought up yet. Court It is to be seen that the Deputy Registrar has requested for original record at least twice and no action has been taken by the Chief Magistrate. This appeal cannot therefore proceed and neither party can be blamed. The Chief Magistrate is hereby directed to comply with the request made by Deputy Registrar by her letters of 3. 5.02, 6. 4.0a3 and the latest which is undated within the next 21 days.
This Ruling to be typed and served upon Chief
Magistrate, Mombasa.
Mention on 21/4/04.
Dated this 15th day of March, 2004.
JOYCE KHAMINWA
J U D G E