Kennedy Shikuku T/A Eshikoni Auctioneers v Mohamed Iqbal [2020] KEHC 6160 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CIVIL APPEAL NO. 123 OF 2019

KENNEDY SHIKUKU t/a ESHIKONI AUCTIONEERS....APPELLANT

VERSUS

MOHAMED IQBAL..............................................................RESPONDENT

RULING

1.  These are appeal proceedings emanating from proceedings that are before the Mumias Senior Principal Magistrates Court in Mumias SPMCCC No. 151 of 2013, and the orders sought include stay of those proceedings.

2.  The   the original records of the trial court have not been made available, neither has a record of appeal been filed. I cannot do justice in the Motion dated 16th December 2019, without having a complete record of the proceedings that have given rise to these appeal proceedings.

3.  In the circumstances, I shall not make a determination on the said Motion, before the original records from the trial court are made available. Consequently, I hereby direct the Deputy Registrar to call for those records.

4.  The matter shall be mentioned on 28th May 2020, to confirm whether the trial court file has been availed, and for allocation of a fresh date for ruling. The interim orders on record are hereby extended. It is so ordered

DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 8TH DAY OF MAY, 2020

W. MUSYOKA

JUDGE