Donnie & another v Alusa (suing as legal representative of the estate of Pamela Vomoji Ishuga (deceased)) (Civil Appeal E10 of 2020) [2023] KEHC 3480 (KLR) (28 April 2023) (Ruling) Neutral citation: [2023] KEHC 3480 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CIVIL APPEAL E10 OF 2020 WM MUSYOKA, J APRIL 28, 2023 BETWEEN SHITEMI SHIKUKU DONNIE ........................................................ 1ST APPELLANT NAHASHON TINDI MUSOTSI ..................................................... 2ND APPELLANT AND WILFRED ALUSA ............................................................................... RESPONDENT SUING AS LEGAL REPRESENTATIVE OF THE ESTATE OF PAMELA VOMOJI ISHUGA (DECEASED) (Appeal from judgment and decree of Hon. Hazel Wandere, Principal Magistrate, PM, in Kakamega CMCCC No. 226 of 2017, of 23rd September 2020) RULING 1. The record of appeal is incomplete, as it omits the oral evidence that was recorded on May 21, 2019, from the respondent, appearing at pages 5, 6, 7, 8 and 9 of the original (handwritten) trial court records. I am unable to read the handwritten notes made by Hon Wandere, PM. 2. Let the appellants file a complete record of appeal. Judgment shall thereafter be done by my successors at Kakamega. DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 28TH .DAY OF APRIL 2023 W MUSYOKA JUDGE Mr. Erick Zalo, Court Assistant. Appearances https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3480/eng@2023-04-28 1
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Mr. Atudo, instructed by Mbugwa, Atudo & Macharia, Advocates, for the appellants. Mrs. Muleshe, instructed by Phoebe Munihu Muleshe & Company, Advocates, for the respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3480/eng@2023-04-28 2
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