Donnie & another v Ishuga [2022] KEHC 613 (KLR)

Donnie & another v Ishuga (Civil Appeal E10 of 2020) [2022] KEHC 613 (KLR) (10 June 2022) (Ruling)

Neutral citation: [2022] KEHC 613 (KLR)

Republic of Kenya

In the High Court at Kakamega

Civil Appeal E10 of 2020

WM Musyoka, J

June 10, 2022

Between

Eshitemi Shikuku Donnie

1st Appellant

Nahashon Tindi Musotsi

2nd Appellant

and

Pamela Vomoji Ishuga

Respondent

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

Ruling

1. The original trial records in Kakamega CMCCC No. 226 of 2017 have not been availed, contrary to Order 42 Rule 13(4) of the Civil Procedure Rules. Am unable to prepare judgment on the appeal in the circumstances.

2. The Deputy Registrar shall call for the records. The matter shall be mentioned thereafter to confirm compliance.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 10TH DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court AssistantMr. Atudo, instructed by Mbugwa, Atudo & Macharia, Advocates, for the appellants.Mrs. Muleshe, instructed by Phoebe Munihu Muleshe & Co., Advocates, for the respondent.