Case ID:167523

Tabitha Wothaya Ndigirigi v Mohammed Mutuku Mutisya Nzioki & 4 others [2020] eKLR

Case Metadata

Case Number:

Civil Appeal (Application) 85 of 2020

Parties:

Tabitha Wothaya Ndigirigi v Mohammed Mutuku Mutisya Nzioki, Joseph Machuka Okaru, Maima Naykinywa Mohammed, Joyce Teresa Akinyi Ochieng & Richard Kariru Ngunjiri

Date Delivered:

04 Dec 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Stephen Gatembu Kairu

Citation:

Tabitha Wothaya Ndigirigi v Mohammed Mutuku Mutisya Nzioki & 4 others [2020] eKLR

Case History:

(Being an application for leave to file and serve a

supplementary record of appeal and that the record of appeal be validated by such leave)

Court Division:

Civil

County:

Nairobi

Case Outcome:

Supplementary record of appeal be filed and served within 14 days from the date of delivery of this ruling

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT NAIROBI

(

CORAM: GATEMBU, JA (IN CHAMBERS))

CIVIL APPEAL (APPLICATION) NO. 85 OF 2020

BETWEEN

TABITHA WOTHAYA NDIGIRIGI.........................................APPELLANT/APPLICANT

AND

MOHAMMED MUTUKU MUTISYA NZIOKI...................................1

ST

RESPONDENT

JOSEPH MACHUKA OKARU...........................................................2

ND

RESPONDENT

MAIMA NAYKINYWA MOHAMMED.............................................3

RD

RESPONDENT

JOYCE TERESA AKINYI OCHIENG..............................................4

TH

RESPONDENT

RICHARD KARIRU NGUNJIRI.......................................................5

TH

RESPONDENT

(Being an application for

leave to file and serve

a supplementary record of appeal

and that the record of appeal be validated by such leave)

**********************************

RULING

1. By her application dated 15

th

July 2020, the applicant, Tabitha Wothaya Ndigiri, acting in person seeks an order that she be granted leave to file and serve a supplementary record of appeal and that the record of appeal be validated by such leave. She deposes in her supporting affidavit that the documents proposed to be included in the supplementary record are vital and proper for the conclusive determination of the appeal; that when preparing the record, the decree was not ready although she had already applied for it.

2. In addition to the decree, the other documents sought to be included in the proposed supplementary record are:

a) …

b) Business Names Register for Toika International Company.

c) Letter from the Department of the Registrar

General dated 30

th

December 2010 to Office of

the President, Criminal Investigation Department.

d) KRA PIN Certificate.

e) Letter from the Department of Registrar General dated 11

th

October 2010.

f) Letter dated 5

th

September 2019 to the Deputy Registrar Environment and Lands Court and Receipts.

g) Court Order given on 4

th

March 2008 in respect of Civil Suit No. Misc. 102 of 2007.

h) Letter of allotment dated 9

th

December 2005

i) Copy of Title for L.R. No. 209/12734.

3. In his replying affidavit in opposition to the application, Richard Kabiru Ngunjiri the 5

th

respondent deposes that the application

is an abuse of the process of court as the applicant does not require leave to file the supplementary record; and that the some of the documents proposed to be included in the supplementary record, namely:

i. Business names Register for Toika International Company.

ii. Letter from the Department of the Registrar

General dated 30

th

December 2010 to Office of

the President, Criminal Investigation Department; and

iii. Letter from the Department of the Registrar General dated 11

th

October 2010

were not before the trial court.

4. Having considered the application and the affidavits, the appellant is at liberty, in accordance with Rule 92(3) of the Court of Appeal Rules, to file and serve a supplementary record of appeal. The supplementary record of appeal shall be limited to the decree and to documents which were before the trial court omitted from the record of appeal.

5. The supplementary record of appeal shall be filed and served within 14 days from the date of delivery of this ruling.

6. Costs of the application shall be in the appeal.

Dated and delivered at Nairobi this 4

th

day of December, 2020.

S. GATEMBU KAIRU, (FCIArb)

....................................

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR