Murenga v Amakobe (Civil Appeal E033 of 2022 & E013 of 2023 (Consolidated)) [2024] KEHC 12561 (KLR) (22 October 2024) (Ruling) Neutral citation: [2024] KEHC 12561 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA CIVIL APPEAL E033 OF 2022 & E013 OF 2023 (CONSOLIDATED) WM MUSYOKA, J OCTOBER 22, 2024 BETWEEN UMULKHEIR ASHISWA MURENGA ................................................. APPELLANT AND MUSA ODERA AMAKOBE ................................................................ RESPONDENT (An appeal arising from the judgment of Hon. Idris N. Nyaboga, Senior Resident Kadhi, SRK, delivered on 23rd February 2021, in Busia KCDC No. 1 of 2020, and 7th September 2022, in Busia KCDC No. 1 of 2020) RULING 1. I made an order, in Busia HCCA No. E013 of 2023, in a ruling that was delivered on 19th April 2024, where I ordered consolidation of the appeal in Busia HCCA No. E013 of 2023, with that in Busia HCCA No. E033 of 2022. I further directed that the 2 appeals be canvassed simultaneously, by way of written submissions. Submissions were filed. 2. When I settled to write judgment in the consolidated appeal, I established that, whereas the appellant had filed a complete record of appeal, in respect of Busia HCCA No. E013 of 2023, which challenges the judgment of 23rd February 2021, she did not file a complete record of appeal in Busia HCCA No. E033 of 2022, which challenges a ruling that was delivered on 7th September 2022. 3. The records of appeal filed in the 2 causes run up to 26th January 2021, yet there were proceedings that were conducted thereafter, inclusive of those leading up to the ruling of 7th September 2022. 4. I am unable to decide on the appeal challenging the determination of 7th September 2022, without the proceedings relating to that ruling. 5. Let the appellant file a complete record of appeal, which, from what I see from the handwritten record of the trial court, runs up to September 7, 2022. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12561/eng@2024-10-22 1
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6. This matter shall be mentioned on November 18, 2024, for compliance and further directions. DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 22ND DAY OF OCTOBER 2024. W MUSYOKA JUDGE Mr. Arthur Etyang, Court Assistant. Advocates Mr. Ouma, instructed by BM Ouma & Company, Advocates for the appellant. Mr. Otanga, instructed by Bogonko Otanga & Company, Advocates for the respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12561/eng@2024-10-22 2
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