Molyn Credit Limited v Maina & 2 others [2025] KEELC 4366 (KLR)

Molyn Credit Limited v Maina & 2 others (Environment and Land Appeal E032 of 2024) [2025] KEELC 4366 (KLR) (5 June 2025) (Directions)

Neutral citation: [2025] KEELC 4366 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment and Land Appeal E032 of 2024

MD Mwangi, J

June 5, 2025

Between

Molyn Credit Limited

Plaintiff

and

Sabrina Wanjiru Maina

1st Respondent

Douglas Kagoiya Maina (Suing as the Administrators of the Estate of Jane Waruiru Maina)

2nd Respondent

Moses Ndegwa Gitonga

3rd Respondent

Directions

1. This is an appeal against the whole judgment of Hon. R.A. Oganyo, Chief Magistrate, delivered on 22nd August 2024 in the Kajiado Chief Magistrate’s Court Case No. CMELC No. 66 of 2019. The appellant in its memorandum of appeal dated 29th August 2024 however, erroneously indicates that it is an appeal from the Ngong Chief Magistrate’s Court. The appellant has listed twenty eight (28) grounds of appeal in support of its appeal. It prays that the impugned judgment delivered on 22nd August 2024 be set aside and in its place, there be judgment in favour of the appellant dismissing the 1st respondent’s suit with costs.

2. Having carefully considered the record of appeal filed in this case and the submissions by the parties, there are a number of issues that are not clear from the record. To enable the court clarify on all the issues arising in this appeal, and to conclusively determine the issues, the court considers it necessary that the original trial court file be availed before concluding on its judgment.

3. Consequently, the court vacates the direction on delivery of judgment and instead lists this matter for directions to confirm the availability of the original court file from the trial court. Once the court file is availed, the court will inform the parties whether there will be need for highlighting the submissions on the identified issues.It is so ordered.

DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 5THDAY OF JUNE2025. M.D. MWANGIJUDGEIn the virtual presence of:N/A by partiesCourt Assistant: Mpoye