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Reuben Omwenga Marwanga & another v Gwaro Onwonga [2019] KEHC 1240 (KLR)

[2019] KEHC 1240 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1240
Citation
[2019] KEHC 1240 (KLR)
Decided
7 November 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a lower court judgmentCoramA. MBOGHOLI MSAGHA
Holding

The handwritten judgment of the lower court will be typed expeditiously within 14 days from the date of this direction. Both parties shall be given a copy thereof to confirm that it is a true reflection of the handwritten judgment within 7 days from the date of service.

Facts

The appeal was ready for hearing on October 7, 2016. The court set October 31, 2019 for the delivery of the judgment. However, the handwritten judgment of the lower court was not typed or certified.

Issues

  1. The handwritten judgment of the lower court was not typed or certified.
  2. The issues raised in the Memorandum of Appeal and submissions made by the parties could not be addressed due to the untyped judgment.

Reasoning

The court could not deliver a judgment due to the untyped and uncertified handwritten judgment of the lower court.

Outcome

No judgment can be delivered in the circumstances.

Orders

  • The handwritten judgment of the lower court will be typed expeditiously within 14 days from the date of this direction.
  • Both parties shall be given a copy thereof to confirm that it is a true reflection of the handwritten judgment within 7 days from the date of service.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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