(Appeal from the judgement and decree of Hon. Anne Njeru, Senior Resident Magistrate, SRM, delivered of 8th May, 2025, in Port Victoria PMCC No. E009 of 2024)
1. The trial court file, availed, does not have the original pleadings filed in that matter.
2. I cannot tell whether the copies of pleadings, in the record of appeal, are the same as those that were before the trial court, and which were the basis for the judgment which is being appealed against.
3. I direct the Deputy Registrar to call for the original pleadings that were before the trial court.
4. The matter shall be mentioned on 2nd March 2026, for further directions.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 2ND 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 respondent.
1. The trial court file, availed, does not have the original pleadings filed in that matter.
2. I cannot tell whether the copies of pleadings, in the record of appeal, are the same as those that were before the trial court, and which were the basis for the judgment which is being appealed against.
3. I direct the Deputy Registrar to call for the original pleadings that were before the trial court.
4. The matter shall be mentioned on 2nd March 2026, for further directions.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 2ND 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 respondent.