The Friday List - 1984 (Not In Force)
Made on: Wed, November 14th 1984
The Friday List
This Practice Note amends and should be read with Practice Note No. 1 of 1984. It is appreciated that the system introduced by Practice Note No. 1 has not worked well in practice. It has therefore been decided, in consultation with the Expeditious Disposal of Cases Committee, to make the following changes, which are designed to make the Friday list a true ?running? list.
1. With effect from Monday 10th December 1984 every application in a Judge Matter not certified by the applicant as urgent or long and not involving litigants in person (hereinafter called ?Friday Judge Matters?) will, on the date of filing and in order of presentation at the Registry:
(a) be entered in a Register called the Friday List Register;
(b) be given a Friday List Number which shall be the next available unused number.
2. The Friday List Number as shown in the Friday List Register will be marked on all copies of the application immediately under the ?J? at the top-right hand corner. It must be understood that the eventual hearing date or dates will thence forward be governed for all purposes by the Friday List Number and the published Friday List: accordingly, no specific hearing date will be allocated at the time of filing, nor will any date be shown as a hearing date on the application. The relevant part of the application should read: ?On a Friday, on the date and at the time shown in the Friday List.?
3. The Listing of Friday Judges Matters will be governed by the priority on the Friday List Number of the application. Applications having the lowest Friday List Number which have not yet been heard will have priority.
On Mondays the Friday Judge Matters Clerk will settle the next Friday Judges Matters Hearing List.
A. The first positions to be filled will be all the first positions in each hour for each judge. These will be filled in the following order of priority subject only to the transitional provisions in Paragraph 8 (ii) (a) hereof.
1. Applications listed for the previous Friday which had not been heard in accordance with Paragraph 2 (ii) of Practice Note No. 1 of 1984
2. The unheard applications having the lowest Friday List Number.
B. The next appointments to be filled will be all the second positions in each hour for each judge. They will be filled in the same order of priority as in A above.
C. The next appointments to be filled will be all the third positions in each hour for each judge which will be filled in the same order of priority as A above.
4. If the parties consent to adjourn an application which has been given an appointment on a Friday in a Friday List, a specific date should not be allocated for its hearing by the Judge unless it is being transferred out of the Friday List Register to the Duty Judge List. Adjourned matters remaining in the Friday List Register will automatically be listed for the following Friday.
5. Litigants in Person:
Judge Matter application to which one or more litigants in person are a party shall not be heard on Friday and will not be entered in the Friday List Register. They will instead be given by the Registry specific dates for hearing before the Duty Judge on Mondays to Thursdays, inclusive, and in such cases the application will show a specific hearing date.
6. Up-Country Advocates
Up country advocates, whose clients are parties to applications filed in Friday Judge Matters, must make arrangements to check the Friday hearing lists which will in future be available not later than noon on Wednesdays.
7. Filing of applications and inspection of Register
Friday Judge Matter applications will only be accepted for filing on any workday morning between 9.00 a.m. and 12 noon. The Friday List Register will be available for inspection by advocates and clerks on all week day afternoons between 2 p.m. and 3.30 p.m.
(i) With effect from the date of this Practice Note the Nairobi High Court Registry has been instructed not to allocate any specific date to any new Friday Judge Matter. The relevant part of the application should read ? On a Friday, on the date and at the time shown in the Friday List,? and will be dealt with under paragraph 8 (iii) below.
(ii) Applications filed before the date of this Practice Note fall into three classes
(a) Those for which a specific Friday date has already been allocated. In such cases these dates will stand and such applications will have priority over all other Friday Judge Matters.
(b) Those for which a specific non Friday date has already been allocated. These dates will stand and the applications will be dealt with by the Duty Judge.
(c) Those for which not date is currently fixed e.g. all applications which have been marked S.O.G. and where no fresh date has yet been fixed. Such applications will be dealt with in accordance with Paragraph 8 (iii) below.
(iii)The Friday List Register will be opened on Monday 10th December 1984.
Thereafter, applicants in Friday Judge Matters for which no specific Friday has been allocated (i.e applications filed between the date hereof and 10th December 1984, and applications covered by paragraph 8 (ii) ( c) above) who wish to acquire priority must file a typed list of all such applications detailing the Case Number, the name of the parties and the date upon which the application was filed. Such lists must be filed not later than 3 p.m. on Friday 30th November 1984. All applications detailed on such duly filed lists shall be inserted in the Friday List Register and given Friday List Numbers, with priority being given in accordance with the date on which the application was originally filed.
(iii) Applicants in previously filed Friday Judge Matters to which specific dates have not been allocated and which have not been included in a duly filed list under 8 (iii) above, may apply for insertion in the Friday List Register and for the allocation of a Friday List Number at any time after the Opening Date but the applications priority will then be governed by the date of application for insertion and not by the date of filing of the original application.
(iv) No applications in Friday Judge Matters will be accepted for filing between 3 p.m. on Friday 30th November 1984 and 10th December 1984.
9.The Friday List: Consent Matters
(i) Advocates are urged to assist in making the Friday List as efficient as possible, and to avoid the appearance in the Friday List of applications which are to be settled.
(ii) Written consent letters should therefore be filed as soon as possible, and not left to the last minute. The Friday List will be drafted and typed on Monday/Tuesday each week, ready for collection on Wednesday: if an application is to be settled, the settlement letter must be filed by 4 p.m. on the Monday.
9. Written Submissions
Attention is drawn to paragraph 2 (iii) of Practice Note No. 1 of 1984. Advocates are reminded that failure to file written submissions in contested applications causes a waste of the court?s time and may lead to adjournments by the Court.
10. Reserved Rulings on Friday Judge Matters
Delivery of reserved rulings on Friday Judge Matters should be listed by the Registry before the judge concerned on any weekday Monday to Thursday, at 9.15 a.m. before the start of hearings.
Dated at Nairobi this 14th day of November 1984.