Donnie & another v Alusa (suing as legal representative of the estate of Pamela Vomoji Ishuga (deceased)) [2023] KEHC 3480 (KLR)

Donnie & another v Alusa (suing as legal representative of the estate of Pamela Vomoji Ishuga (deceased)) (Civil Appeal E10 of 2020) [2023] KEHC 3480 (KLR) (28 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3480 (KLR)

Republic of Kenya

In the High Court at Kakamega

Civil Appeal E10 of 2020

WM Musyoka, J

April 28, 2023

Between

Shitemi Shikuku Donnie

1st Appellant

Nahashon Tindi Musotsi

2nd Appellant

and

Wilfred Alusa

Respondent

suing as legal representative of the estate of Pamela Vomoji Ishuga (deceased)

(Appeal from judgment and decree of Hon. Hazel Wandere, Principal Magistrate, PM, in Kakamega CMCCC No. 226 of 2017, of 23rd September 2020)

Ruling

1. The record of appeal is incomplete, as it omits the oral evidence that was recorded on May 21, 2019, from the respondent, appearing at pages 5, 6, 7, 8 and 9 of the original (handwritten) trial court records. I am unable to read the handwritten notes made by Hon Wandere, PM.

2. Let the appellants file a complete record of appeal. Judgment shall thereafter be done by my successors at Kakamega.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 28TH.DAY OF APRIL 2023W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMr. Atudo, instructed by Mbugwa, Atudo & Macharia, Advocates, for the appellants.Mrs. Muleshe, instructed by Phoebe Munihu Muleshe & Company, Advocates, for the respondent.