(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)
1. I am unable to write the judgment in this matter.
2. The original trial court records availed herein do not have the pleadings which were the foundation for 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 own 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.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 9TH DAY OF FEBRUARY 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Angode, instructed by EO Kweyu & Company, Advocates for the appellant.
Ms. Nakhulo, instructed by Omwenga & Company, Advocates for the 1st respondent.
Mr. Wabomba, instructed by Wabomba Masinde & Associates, Advocates for the 2nd respondent.
Mr. Kenjel, instructed by Nabibia & Company, Advocates for the 3rd and 4th respondents.
1. I am unable to write the judgment in this matter.
2. The original trial court records availed herein do not have the pleadings which were the foundation for 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 own 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.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 9TH DAY OF FEBRUARY 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Angode, instructed by EO Kweyu & Company, Advocates for the appellant.
Ms. Nakhulo, instructed by Omwenga & Company, Advocates for the 1st respondent.
Mr. Wabomba, instructed by Wabomba Masinde & Associates, Advocates for the 2nd respondent.
Mr. Kenjel, instructed by Nabibia & Company, Advocates for the 3rd and 4th respondents.