RULING
1. The Appeal herein relates to a Ruling pronounced on 8.07.2022.
2. The Ruling is not in the Record of Appeal.
3. The Court did write to the Deputy Registrar Business Premises Rent Tribunal (BPRT) to obtain a Certified Copy of the Ruling dated 8.07.2022.
4. Various reminders have been done to the Deputy Registrar BPRT seeking for the Ruling pronounced on 8.07.2022 to no response.
5. The Court did issue summons to the Deputy Registrar to attend Court and produce the Ruling dated 8.07.2022 but the summons were not honoured.
6. However, in response to the summons, the Deputy Registrar BPRT did do a letter dated 24.04.2026 indicating that the Order enclosed therein is the Ruling.
7. It is clear that the Deputy Registrar BPRT did not have the Ruling that was used to prepare the Order dated 8.07.2022.
8. In the absence of the Ruling, the Court is unable to proceed with the Appeal.
9. The file is therefore referred to the Judicial Service Commission to verify and confirm if the Ruling pronounced on the 8.07.2022 is indeed in existence or not and thereafter give back a feed back to the Court to enable it make the appropriate direction on the Appeal.
10. The Deputy Registrar ELC is directed to transmit the file to the Secretary of Judicial Service Commission for this exercise.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Kiprop for the Appellant
Defendant: Mr. Khalo holding brief for Mr. Otwal for the Respondent
| ELC.A 20 of 2022 RULING2 |