1.The appeal herein was admitted for hearing on 21st June 2022. The matter was slated for directions on 29th September 2021. The Record of Appeal was to be filed within 14 days from 21/6/2022. From the court record, there is no Record of Appeal filed.
2.The 1st respondent filed submissions that the appeal should be dismissed for want of prosecution. I note that no application has ever been fixed for hearing. There has been no substantive application filed.
3.Under Order 51 Rule 1 of the Civil Procedure Rules, applications ought to be made by notice of motion. The said provision provides as doth: -‘All applications to the court shall be by motion and shall be heard in open court unless the court directs the hearing to be conducted in chambers or unless the rules expressly provide.’
4.Procedural rules are the backbone of justice, as was reiterated by Maraga, J in Shashikant C. Patel v Oriental Commercial Bank  eKLR in which he held inter alia;
5.I therefore decline to dismiss the appeal without a substantive motion. In any case, the appeal was admitted less than one year ago. There has been no delay in prosecution.