Mugambi & another v Muthia [2024] KEHC 6160 (KLR)

Mugambi & another v Muthia (Civil Appeal E329 of 2021) [2024] KEHC 6160 (KLR) (Civ) (31 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6160 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Appeal E329 of 2021

WM Musyoka, J

May 31, 2024

Between

Joseph Kiiru Mugambi

1st Appellant

Kyalo Muliwa

2nd Appellant

and

Faith Wayua Muthia

Respondent

(An appeal arising from the judgment of Hon. P. Muholi, Principle Magistrate, PM, delivered on 26th May 2021, in Nairobi CMCCC No. 8434 of 2018)

Ruling

1. I am unable to prepare the judgment herein, as the original trial court records have not been availed, and the record of appeal filed herein is incomplete, for it has no proceedings nor the judgment appealed against.

2. Let the original trial court records be availed, and a complete record of appeal be filed.

3. Once compliance has been obtained, in terms of paragraph 2, above, the appeal file may be returned to me for completion of writing the judgment.

DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 31ST DAY OF MAY 2024W MUSYOKA..................................JUDGEI cetify that this is a true copy of the originalSignedDEPUTY REGISTRARMs. Veronica, Court Assistant, Milimani, Nairobi.Mr. Arthur Etyang, Court Assistant, Busia.AdvocatesMs. Nanjala, instructed by Kimondo Gachoka & Company, Advocates for the appellants.Ms. Kisiangani, instructed by Waiganjo Wachira & Company, Advocates for the respondent.