(Appeal from judgement and decree of Hon. BM Cheloti, Principal Magistrate, of 15th August 2023, in Milimani CMCCC No. E10673 of 2021)
1. As I was preparing write judgement in this matter, I noted that the file was never placed before a Judge, contrary to Order 42 rule 13(1) of the Civil Procedure Rules, for directions on the disposal of the appeal. On that account, no directions were given by a Judge, for canvassing of the appeal by way of written submissions.
2. I see that the appellants have filed written submissions, but the respondent has not. I also note that the matter was mentioned several times before the Deputy Registrar for submissions. However, so long as Order 42 rule 13(1) was not complied with, and as the respondent has not filed submissions, I shall refrain from writing judgement.
3. Let the matter be placed by the Deputy Registrar, who shall cause it to be placed by a Judge, for directions under Order 42 rule 13(1) of the Civil Procedure Rules, with notice to both the parties.
DELIVERED, DATED AND SIGNED IN CHAMBERS, AT BUSIA ON THIS 1ST DAY OF AUGUST 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Ms. Carolyne Oyuse, Court Assistant, Milimani, Nairobi.
Advocates
Messrs. Muhatia Pala & Associates, Advocates for the appellants.
1. As I was preparing write judgement in this matter, I noted that the file was never placed before a Judge, contrary to Order 42 rule 13(1) of the Civil Procedure Rules, for directions on the disposal of the appeal. On that account, no directions were given by a Judge, for canvassing of the appeal by way of written submissions.
2. I see that the appellants have filed written submissions, but the respondent has not. I also note that the matter was mentioned several times before the Deputy Registrar for submissions. However, so long as Order 42 rule 13(1) was not complied with, and as the respondent has not filed submissions, I shall refrain from writing judgement.
3. Let the matter be placed by the Deputy Registrar, who shall cause it to be placed by a Judge, for directions under Order 42 rule 13(1) of the Civil Procedure Rules, with notice to both the parties.
DELIVERED, DATED AND SIGNED IN CHAMBERS, AT BUSIA ON THIS 1ST DAY OF AUGUST 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant, Busia.
Ms. Carolyne Oyuse, Court Assistant, Milimani, Nairobi.
Advocates
Messrs. Muhatia Pala & Associates, Advocates for the appellants.