Peter Oduor Masinde v George Bwire Wafula & 3 others

Masinde v Wafula & 3 others (Civil Appeal E040 of 2025) [2026] KEHC 1658 (KLR) (9 February 2026) (Ruling) Neutral citation: [2026] KEHC 1658 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA CIVIL APPEAL E040 OF 2025 WM MUSYOKA, J FEBRUARY 9, 2026 BETWEEN PETER ODUOR MASINDE ................................................................... APPELLANT AND GEORGE BWIRE WAFULA ......................................................... 1ST RESPONDENT WATU NOMINEES COMPANY LTD ......................................... 2ND RESPONDENT PAUL ODHIAMBO ....................................................................... 3RD RESPONDENT JACKLINE NAKHOLI ODWORI ............................................... 4TH RESPONDENT (Appeal from the Judgment and decree of Hon. Anne Karimi, Senior Resident Magistrate delivered on 8th May, 2025 in Port Victoria PMCC No. E010 of 2024) RULING 1. I am unable to write the Judgment in this matter. 2. The trial records, availed, by the trial court, do not have the pleadings that were the basis upon which the trial was conducted. I cannot tell whether the pleadings, in the record of appeal, were the same that were before the trial court. 3. Let the Deputy Registrar call for the pleadings that the trial court used to conduct the trial, which led up to the judgment appealed against. The matter shall, thereafter, be mentioned before the Judge, on a date to be allocated by the Deputy Registrar. DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 9TH DAY OF FEBRUARY 2026. WM MUSYOKA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1658/eng@2026-02-09 1

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