'(Appeal from the judgement and decree, of Hon. SN Muchungi (Mrs), Principal Magistrate, PM, delivered on 8th November 2024, in MCCOMMSU No. E628 of 2023)
1. In the course of preparing the judgment in this matter, I have come across reference, by both the appellant and the respondent, to a cross-appeal, purportedly filed by the respondents.
2. I have ploughed through the paperwork before me, and I have been unable to trace the said cross-petition.
3. It would be unjust, to determine the appeal herein, without having sight of, and considering the arguments made in, the said cross-petition.
4. Consequently, I shall return the file, to the relevant registry, with directions, to the Deputy Registrar, to cause the said cross-petition to be made available. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 3RD DAY OF NOVEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Ms. Carolyne Oyuse, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Eredi, instructed by Eredi Mulama & Company, Advocate for the appellant.
Messrs. NN Njoroge & Company, Advocates for the respondent.
'
1. In the course of preparing the judgment in this matter, I have come across reference, by both the appellant and the respondent, to a cross-appeal, purportedly filed by the respondents.
2. I have ploughed through the paperwork before me, and I have been unable to trace the said cross-petition.
3. It would be unjust, to determine the appeal herein, without having sight of, and considering the arguments made in, the said cross-petition.
4. Consequently, I shall return the file, to the relevant registry, with directions, to the Deputy Registrar, to cause the said cross-petition to be made available. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 3RD DAY OF NOVEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Ms. Carolyne Oyuse, Court Assistant, Milimani, Nairobi.
Advocates
Mr. Eredi, instructed by Eredi Mulama & Company, Advocate for the appellant.
Messrs. NN Njoroge & Company, Advocates for the respondent.
'