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Beatrice Kahai Adagala v. Postal Corporation of Kenya

(2015) JELR 105636 (CA)

Court of Appeal  •  Civil Appeal (Application) 28 of 2014  •  6 Nov 2015  •  Kenya

David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



This appeal was listed for hearing on 19th November 2014. When called out, though served, neither the appellant nor her counsel was in Court. Upon the application of counsel for the respondent, we dismissed the appeal under Rule 102(1) of the Court of Appeal Rules for nonattendance. On 18th May, 2015, the appellant filed an application under the same Rule and sought a review of this Court’s said order of 19th November, 2014 and the restoration of her appeal for hearing. This ruling is on that application.

The appellant’s application is based mainly on the ground that though her advocate was served with the hearing notice for 19th November, 2014, he did not inform her of the same hence her failure to attend court on that day. She said she learnt of the dismissal of her appeal on 3rd May, 2015 when at Vihiga Resident Magistrate’s Court where she had gone for the hearing of an application in Vihiga RMCC No. 32 of 2012 involving the same parties. She thereafter filed the…

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