Whitepath Company Limited v Kaburugu (Civil Appeal E1360 of 2024) [2025] KEHC 15875 (KLR) (Civ) (3 November 2025) (Ruling) Neutral citation: [2025] KEHC 15875 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E1360 OF 2024 WM MUSYOKA, J NOVEMBER 3, 2025 BETWEEN WHITEPATH COMPANY LIMITED .................................................... APPELLANT AND JOSEPH KIHARA KABURUGU ....................................................... RESPONDENT (Appeal from the judgement and decree, of Hon. SN Muchungi (Mrs), Principal Magistrate, PM, delivered on 8th November 2024, in MCCOMMSU No. E628 of 2023) RULING 1. In the course of preparing the judgment in this matter, I have come across reference, by both the appellant and the respondent, to a cross-appeal, purportedly filed by the respondents. 2. I have ploughed through the paperwork before me, and I have been unable to trace the said crosspetition. 3. It would be unjust, to determine the appeal herein, without having sight of, and considering the arguments made in, the said cross-petition. 4. Consequently, I shall return the file, to the relevant registry, with directions, to the Deputy Registrar, to cause the said cross-petition to be made available. Orders accordingly. DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 3RD DAY OF NOVEMBER 2025. WM MUSYOKA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15875/eng@2025-11-03 1
page 1 of 2
Mr. Arthur Etyang, Court Assistant, Busia. Ms. Carolyne Oyuse, Court Assistant, Milimani, Nairobi. Advocates Mr. Eredi, instructed by Eredi Mulama & Company, Advocate for the appellant. Messrs. NN Njoroge & Company, Advocates for the respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15875/eng@2025-11-03 2
page 2 of 2