Benard Wanjohi & 1 other v Shadrack Kamiri Wanjohi

Wanjohi & another v Wanjohi (Civil Appeal E186 of 2024) [2025] KEHC 11724 (KLR) (Civ) (1 August 2025) (Ruling) Neutral citation: [2025] KEHC 11724 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E186 OF 2024 WM MUSYOKA, J AUGUST 1, 2025 BETWEEN BENARD WANJOHI ......................................................................... 1ST APPELLANT RAPHAEL KARANJA MURIMI .................................................... 2ND APPELLANT AND SHADRACK KAMIRI WANJOHI .................................................... RESPONDENT (Appeal from judgement and decree of Hon. BM Cheloti, Principal Magistrate, of 15th August 2023, in Milimani CMCCC No. E10673 of 2021) RULING 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11724/eng@2025-08-01 1

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