South Nyanza Sugar Co. Ltd v Simeona A. Opala [2017] KEHC 697 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENY AT MIGORI

CIVIL APPEAL NO. 96 OF 2015

SOUTH NYANZA SUGAR CO. LTD........................................................APPELLANT

-versus-

SIMEONA A. OPALA............................................................................RESPONDENT

DIRECTIONS

1. As I retired to write the judgment in this matter I realized that there must have been a mix-up of documents while preparing the Record of Appeal. Whereas this appeal arises from Migori Chief Magistrates Court Civil Case No. 554 of 2014Simeona A. Opala -vs- South Nyanza Sugar Co. Ltd,the proceedings in the Record of Appeal bear the similar No. 554 of 2014 but different parties Jared Otieno Anyango -vs- South Nyanza Sugar Co. Ltd.

2. I have also perused the lower court file in this appeal. The same is Migori Chief Magistrates Court Civil Case No. 554 of 2014Jared Otieno Anyango -vs- South Nyanza Sugar Co. Ltdinstead.

3. In view of the state of the record the judgment is hereby adjourned sine dire and I hereby issue the following directions: -

a) The Appellant to regularize the state of the record in this appeal by liaising with the Deputy Registrar to avail the correct lower court file.

b) Leave is hereby granted to the Appellant to file and serve a Supplementary Record of Appeal within 14 days of today and introduce the correct proceedings in the lower court and any other document(s) which may be missing as part of the record before this Court.

c) This matter is hereby fixed for further directions on 20/09/2017.

DELIVERED, DATED and SIGNED at MIGORI this 27th day of July 2017.

A. C. MRIMA

JUDGE