Joseph Bwire Nyongesa v George Bwire Wafula & 3 others

Nyongesa v Wafula & 3 others (Civil Appeal E039 of 2025) [2026] KEHC 1680 (KLR) (9 February 2026) (Ruling) Neutral citation: [2026] KEHC 1680 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA CIVIL APPEAL E039 OF 2025 WM MUSYOKA, J FEBRUARY 9, 2026 BETWEEN JOSEPH BWIRE NYONGESA ................................................................ 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 (SRM), delivered on 8th May 2025, in Port Victoria PMCC No. E008 of 2024) RULING 1. I am unable to write the Judgment in this matter. 2. The original trial court availed herein does not have the pleadings which were the foundation of the trial. I am unable to tell whether the pleadings availed in the record of appeal were the same pleadings used at trial. 3. The role of the first appellate court is to re-evaluate the material, analyse it and potentially come to its overall conclusions. All that can only be done on the basis the pleadings filed before the trial court. I do not have those pleadings in the trial records. 4. Let the Deputy Registrar cause the trial court to avail the original pleadings filed in the matter. The matter shall, thereafter, be mentioned before the Judge, on a date to be allocated by the Deputy Registrar. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1680/eng@2026-02-09 1

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