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…Court to take directions on disposal of appeal having complied by filing the record; that the Court having admitted the appeal and given directions for the filing of written submissions, it is only fair and just for the…

…He has also not shown that he attempted to fix the matter for mention for directions before the Court.…

…I then fixed the Appeal for directions on 19/11/2024, after lapse of the 45 days. 2.…

…These are the directions contemplated under Order 42 Rule 11 which provides as follows: “Upon filing of the Appeal, the Appellant shall within thirty days, cause the matter to be listed before a judge for directions under…

…Justice Mrima on 21st October 2025 for directions on the disposal of the appeal.…

…He argued that the delivery of the judgment contradicted the Court’s earlier directions. 6.…

…The Appeal was also dismissed for non-compliance with the directions of the Court to file submissions close to 5 months after directions were given.…

…It is trite that parties to a dispute must adhere to the directions given by the court.…

…The matter shall be mentioned on the 15/5/2024 for directions….” On the next scheduled date, the parties were absent in court and the matter was rescheduled to 16th October 2024 for directions.…

…by a judge in chambers. (2) Any objection to the jurisdiction of the appellate court shall be raised before the judge before he gives directions under this rule. (3) The judge in chambers may give directions concerning the…

…When I settled to write the judgement, it has transpired, from what I can see from the record, that the file was never placed before a Judge, in terms of Order 42 rule 13(1) of the Civil Procedure Rules, for directions.…

…Given that the matter has never been placed before a Judge for directions, no directions have even been given for canvassing the appeal by way of written submissions, and the respondent has not filed written submissions on…

…Finally, learned counsel pointed it out that the trial magistrate issued the new directions after the Appellant had lodged this appeal. Mr.…

…In any event, the trial court has already admitted the Appellant’s recusal application and issued directions thereto and thus the Appellant’s concerns have already been attended to.…

…On the date the matter was set to come for judgment, the Honourable Judge postponed her directions to 26-05-2025 on which date, she referred the file to the Presiding Judge for directions on the disposal of both the application…

…Following directions given during the said appearances, the parties filed their submissions on the application.…

…Court orders and directions are not given in vain. Parties are required to comply with whatever orders and directions are given.…

…A party cannot egregiously fail or refuse to comply with directions of the court claiming that the said directions were salutary and not accompanied by any sanctions and hope to seek refuge in the overriding principle.…

…Court orders and directions are not given in vain. Parties are required to comply with whatever orders and directions given by the court.…

…A party cannot egregiously fail or refuse to comply with directions of the court claiming that the said directions were salutary and not accompanied by any sanctions and hope to seek refuge in the overriding principle.…

…It is trite that parties to a dispute must adhere to the directions given by the court.…

…A party cannot egregiously fail or refuse to comply with directions of the court claiming that the said directions were salutary and not accompanied by any sanctions and hope to seek refuge in the overriding principle.…

…for dates for directions.…

…An appeal cannot be listed for directions unless the lower court file has been transferred to the high court.…

…When the matter came up for pre-trial directions on 2/11/2017, the directions given were that the matter shall proceed by way of viva voce evidence starting with the case for the Objector (should have been Protestor) and…

…In that ruling the court indicated that from the affidavits filed it appeared that the parties were not clear on the directions given by the court as the documents filed were not in compliance with the directions.…

…I also note that the Appeal was yet to be admitted and/or set down for directions.…

…The bottom line is that directions must have been given before an appeal can be dismissed for want of prosecution.…

…While perusing this file, for the purpose of writing judgement, I have noted that it has never been placed before a Judge, for directions under Order 42 rule 13(1) of the Civil Procedure Rules.…

…Nevertheless, the appellants did file submissions, even before directions were given to that effect. 2.…

…She further deposed that upon realizing the error that the Appeal is in fact registered as Eldoret HCCA 1 of 2023 they have made haste and filed their submissions and authorities and are waiting for the directions of the…

…Counsel observed that Appellants vide the replying affidavit dated 29/11/2024 at paragraph 7 do contend that they moved the deputy registrar vide a letter dated 17/04/2024 to set down the appeal for directions.…

…I note that the matter has a date for mention, on 17th October 2024, before Aburili, J, and I shall direct, as I hereby do, that the application, dated 5th August 2024, be placed before the Judge, on that date for directions…

…In the meantime, the said application shall be served, and there shall be a temporary order of stay of execution, pending directions on 17th October 2024.…

…By an Application dated 6.9.25, the Appellants seek variation of the directions issued on 12.8.25 on filing of submissions pending the hearing and determination of the Application.…

…Such amendment may be done at any time without leave, where directions are yet to be given. After directions have been given, an appellant must apply to be permitted to amend the memorandum of appeal.…

…The Appellant contends that the dismissal was premature as directions under Order 42 Rule 13 had not been given.…

…A party cannot egregiously fail or refuse to comply with directions of the court claiming that the said directions were salutary and not accompanied by any sanctions and hope to seek refuge in the overriding principle.…