(Appeal from judgement and decree by Hon. SN Muchungi, Principal Magistrate, PM, of 9th September 2023, in Milimani CMCCC No. 4904 of 2007)
1. I have been unable to write the judgement in this matter.
2. The original trial court records were never availed. The record of appeal is incomplete, for it does not have a copy of the impugned judgement, nor of the proceedings that were conducted by the court.
3. The file is hereby returned to the relevant registry, for further action.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 22ND DAY OF DECEMBER 2025.
W MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Mr. Maurice Onyango, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Maina, instructed by Muturi SK & Company, Advocates for the appellant.
Mr. Kimani, instructed by Ndumu Kimani & Company, Advocates for the respondent.
1. I have been unable to write the judgement in this matter.
2. The original trial court records were never availed. The record of appeal is incomplete, for it does not have a copy of the impugned judgement, nor of the proceedings that were conducted by the court.
3. The file is hereby returned to the relevant registry, for further action.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 22ND DAY OF DECEMBER 2025.
W MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Mr. Maurice Onyango, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Maina, instructed by Muturi SK & Company, Advocates for the appellant.
Mr. Kimani, instructed by Ndumu Kimani & Company, Advocates for the respondent.