KIMATU MBUVI v PATRICK WAMBUA JOHN [2006] KEHC 1464 (KLR)
- Court
- High Court of Kenya
- Case number
- 1464
- Citation
- [2006] KEHC 1464 (KLR)
- Decided
- 17 May 2006
The court orders the Deputy Registrar to request for the proceedings and judgement of the lower court and to summon the Executive Officer in charge of the Resident Magistrate's Court to produce the record or show its whereabouts.
Facts
The appeal has remained pending for 12 years due to the lack of forwarding of the proceedings and judgement of the lower court to the High Court.
Issues
- Forwarding of proceedings and judgement of the lower court to the High Court
- Admission or rejection of the appeal as filed
Reasoning
The court finds that a letter written by the Deputy Registrar to the Resident Magistrate asking for the proceedings and judgment in January, 2005, went unanswered. The court orders the Deputy Registrar to request for the proceedings and judgement of the lower court and to summon the Executive Officer in charge of the Resident Magistrate's Court to produce the record or show its whereabouts.
Outcome
Order issued
Orders
- Request for the proceedings and judgement of the lower court to be forwarded to the High Court
- Summon the Executive Officer in charge of the Resident Magistrate's Court to produce the record or show its whereabouts
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