Odhiambo & another v Oduory [2023] KEHC 26329 (KLR)

Odhiambo & another v Oduory (Civil Appeal E048 of 2022) [2023] KEHC 26329 (KLR) (11 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26329 (KLR)

Republic of Kenya

In the High Court at Busia

Civil Appeal E048 of 2022

WM Musyoka, J

December 11, 2023

Between

Solomon Adundo Odhiambo

1st Appellant

Nyolas Enterprises Limited

2nd Appellant

and

James Angelo Oduory

Respondent

Ruling

1. The application for determination is dated October 4, 2023, and it has been brought on the basis that the appellants had been granted stay orders by the trial court, which they aver could not be complied with, hence the instant application. The respondent has reacted to that application, and, in his written submissions, has cited exhaustively from the record of the trial court, to argue that the appellants have not been keen on doing the right thing.

2. The original trial court records have not been availed, yet they are critical to the determination of the instant application. Consequently, I am unable to determine the said application, without sight of the said original trial court records. Let the Deputy Registrar call for the said records. I shall determine this application on December 20, 2023, subject to the said records being availed.

DATED AND SIGNED IN CHAMBERS, AND DELIVERED BY EMAIL, AT BUSIA THIS 11TH DAY OF DECEMBER 2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Wahome, instructed by Nyairo & Company, Advocates for the appellants.Mr. Wanyama*, instructed by Wanyama & Company,Advocates for the respondent.