Onyango v Omakada [2024] KEHC 10559 (KLR)

Onyango v Omakada (Succession Appeal E001 of 2023) [2024] KEHC 10559 (KLR) (6 September 2024) (Judgment)

Neutral citation: [2024] KEHC 10559 (KLR)

Republic of Kenya

In the High Court at Busia

Succession Appeal E001 of 2023

WM Musyoka, J

September 6, 2024

Between

Simon Enock Omerikwa Onyango

Appellant

and

Joseph Ochakala Omakada

Respondent

(an appeal arising from orders made in the ruling of Hon. P. Olengo, Senior Principal Magistrate, SPM, in Busia CMCSC No. 579 of 2018, on 31st March 2023))

Judgment

1. The memorandum of appeal herein, dated 26th April 2023, presents an appeal against orders that were made in a ruling that was allegedly delivered on 31st March 2023, by Hon. P Olengo, SPM.

2. The appellant filed a record of appeal, and the original trial court records were availed. I have very carefully perused the said 2 records, and I have been unable to trace the ruling allegedly delivered on 31st March 2023. Nothing happened on that date, according to the record. The only ruling on record was delivered on 3rd April 2023, and I cannot tell whether it was the one that the appellant intended to appeal against.

3. As the appeal herein is founded on a non-existent ruling, and parties are bound by their pleadings, I shall have no hesitation in dismissing the same, as I hereby do. I note that there have been some court attendances on behalf of the respondent. I shall award costs to the respondent. It is so ordered.

DELIVERED VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 6THDAY OF SEPTEMBER 2024. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Ashioya, instructed by Ashioya & Company, Advocates for the appellant.Mr. Ouma, instructed by BM Ouma & Company, Advocates for the respondent.