J W M v D K M [2015] KEHC 3879 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL APPEAL NO. 3 OF 2013

J W M ………….…….......................………………..APPELLANT

VERSUS

D K M …………………………………….…...……RESPONDENT

(Being an appeal from the judgement and decree of Hon. Cheruto Kipkorir delivered on 21st day of December 2012 in Chief Magistrates court at Nairobi in Divorce Cause No. 144 of 2008)

RULING

The appeal herein was argued before me on 23rd October 2014 and I reserved the judgment to a later date.

I have not been furnished with the original record of the lower court in Milimani Commercial Court CMCDC No. 144 of 2008.  I am unable to prepare the judgment without the original record.

The matter shall be mentioned on a date to be given at the delivery of this ruling for further directions.

The Chief Magistrate in charge of the Milimani Commercial Courts, Chief Magistrate’s Court to be furnished with a copy of this ruling and the Deputy Registrar is hereby directed to call for the original record referred to above.

DATED, SIGNED and DELIVERED at NAIROBI this  3RD DAY OF JULY,  2015.

W. MUSYOKA

JUDGE

In the presence of  Mr. Kire advocate for the appellant.

In the presence of ……………………. advocate for the respondents.