Case ID:169023

James Vulimu Mbaja v Anvi Emporium Limited & another [2021] eKLR

Case Metadata

Case Number:

Civil Appeal 155 of 2018

Parties:

James Vulimu Mbaja v Anvi Emporium Limited & Joannes Ogendo Omuom

Date Delivered:

22 Jan 2021

Case Class:

Civil

Court:

High Court at Kakamega

Case Action:

Ruling

Judge(s):

William Musya Musyoka

Citation:

James Vulimu Mbaja v Anvi Emporium Limited & another [2021] eKLR

Case History:

(Being an appeal from the original judgment and decree of Hon. RM Ogal, Principal Magistrate, of 30th October 2018 in Hamisi PMCCC No. 23 of 2017)

Court Division:

Civil

County:

Kakamega

History Docket No:

Civil Case 23 of 2017

History Magistrate:

Hon. RM Ogal - PM

History County:

Vihiga

Case Outcome:

Matter transfered to High Court Vihiga

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

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CIVIL APPEAL NO. 155 OF 2018

(Being an appeal from the original judgment and decree of Hon. RM Ogal, Principal Magistrate, of 30

th

October 2018 in Hamisi PMCCC No. 23 of 2017)

JAMES VULIMU MBAJA

................................................................APPELLANT

VERSUS

ANVI EMPORIUM LIMITED................................................

1

ST

RESPONDENT

JOANNES OGENDO OMUOM

..............................................2

ND

RESPONDENT

RULING

1. Am unable to finalize preparation of the judgment that am supposed to write herein as the original court file in Hamisi PMCCC No. 23 of 2017 has not been availed.

2. I note that there is a record of appeal on record, but it is a mandatory requirement in civil appeals, from a magistrate’s court, that the original trial records be availed for review by the appellate court. It would be dereliction of duty on my part if I were to proceed to determine the appeal herein without sight of the original trial record.

3. Consequently, I direct the Deputy Registrar to call for the original trial records.

4. The matter shall be mentioned thereafter for allocation of a fresh date for judgment.

5. The appeal arose from a trial at the Hamisi Principal Magistrate’s Court. The Chief Justice recently gazetted the Vihiga High Court and placed the Hamisi magistrate’s court under its supervision.

6. Consequently, I direct that this matter be transferred to the High Court registry at Vihiga, for compliance with the directions given in paragraphs 3 and 4 above.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 22ND DAY OF JANUARY 2021

W. MUSYOKA

JUDGE