Hillspark Investment Co. Limited & another v Mochama (Civil Appeal E034 of 2022) [2025] KEHC 19630 (KLR) (22 September 2025) (Ruling) Neutral citation: [2025] KEHC 19630 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIVASHA CIVIL APPEAL E034 OF 2022 GL NZIOKA, J SEPTEMBER 22, 2025 BETWEEN HILLSPARK INVESTMENT CO. LIMITED .................................. 1ST APPELLANT KISII CLASSIC .................................................................................. 2ND APPELLANT AND TABITHA NYAMOKE MOCHAMA ................................................. RESPONDENT RULING 1. From the court record, and the order herein dated 14th July 2025 It is evidence that judgment was deferred as the Record of Appeal was said to be incomplete. 2. On 22nd July 2025 when the matter was called out there were no parties in attendance. The matter was stood over to 22nd September 2025 today and ordered that the parties be served with notice thereof. I note that, both parties were served with the mention notice but the appellant has not appeared. 3. The record was noted to be incomplete as far as 22nd May 2024 when the court observed that, the plaintifi’s submissions were missing in the Record of Appeal. On 30th May 2024, the appellant indicated that, they were to file a supplementary Record of Appeal. Then on 16th September 2021 the same was said to have been filed and matter confirmed before Hon. Deputy Registrar. 4. However, on the 25th November 2024 the court noted that, the plaint filed was not clear and the appellant was ordered to file a supplementary Record of Appeal to provide a legible plaint. 5. On 6th March 2025 the court extended time for the appellant to comply with the direction/order to file a legible plaint within 7 days. That was not done. 6. On 28/4/2025 the court ordered that the appellant be served with a notice to show cause why the appeal could not be dismissed. The appellant’s learned counsel Mr. Njuguna on 8th July 2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19630/eng@2025-09-22 1
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responded to the notice to show cause stating that a supplementary Record of Appeal had been filed. But the respondent had not been served with any such record. 7. I have perused through the documents filed and I note that the Record of Appeal filed herein on 20th January 2023 has a plaint which is illegible and does not have plaintifi’s submissions. A supplementary Record of Appeal dated 24th November 2024 has availed atleast a legible plaint but does not include the plaintifi’s submissions. 8. From the grounds of appeal, the appeal is on both liability and quantum and the same cannot be fully determined without the said submissions. 9. Considering the period the matter has been pending I hold the view that the appellant has lost interest in this matter and/or there is no proper valid and complete Record of Appeal consequently and I direct that a notice do issue to the parties to show cause why the appeal cannot be dismissed for want of prosecution. The matter to be mentioned on 13th October 2025. DATED, DELIVERED AND SIGNED THIS 22ND DAY OF SEPTEMBER 2025 GRACE L. NZIOKA JUDGE In the presence of Mr. Khafuni for the respondent N/A for the appellant Hannah- Court assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19630/eng@2025-09-22 2
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