'(Appeal from the judgement and decree, of Hon. Caroline Ndumia, Senior Resident Magistrate, SRM, and Adjudicator, of 17th October 2022, in Nairobi SCCCOMM No. E4369 of 2022)
1. There is a possibility that the judgement, impugned in this appeal, was delivered without jurisdiction.
2. I am unable to establish that with finality, for the original trial court records, inclusive of the typed proceedings, were not availed.
3. Consequently, I do hereby direct that this file be placed before the Deputy Registrar, for the purpose of the said records being called for, from the trial court.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 27TH DAY OF NOVEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Mr. Michael Onyango, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Kanyoko, instructed by Kanyoko Lewis & Company, Advocates for the appellant.
Mr. Nyamanga, instructed by Oscar Otieno & Company, Advocates for the respondents.
'
1. There is a possibility that the judgement, impugned in this appeal, was delivered without jurisdiction.
2. I am unable to establish that with finality, for the original trial court records, inclusive of the typed proceedings, were not availed.
3. Consequently, I do hereby direct that this file be placed before the Deputy Registrar, for the purpose of the said records being called for, from the trial court.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 27TH DAY OF NOVEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Mr. Michael Onyango, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Kanyoko, instructed by Kanyoko Lewis & Company, Advocates for the appellant.
Mr. Nyamanga, instructed by Oscar Otieno & Company, Advocates for the respondents.
'