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BENSON NGUGI MUIRURI v. KENYA NATIONAL CAPITAL CORPORATION

(2000) JELR 105875 (CA)

Court of Appeal  •  civil misc appl 236 of 98  •  19 Jan 2000  •  Kenya

Coram
Richard Otieno Kwach

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: KWACH, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 236 OF 1998

BETWEEN

BENSON NGUGI MUIRURI .............................. APPLICANT

AND

KENYA NATIONAL CAPITAL CORPORATION ................ RESPONDENT

(Appeal from a Judgment of the High Court of Kenya at

Nairobi (Hon. Justice Ole Keiwua) dated 10th February

1998

in

H.C.C.C. NO. 1981 OF 1993)

***************

R U L I N G

This is an application for reinstatement of the application which I dismissed on 21st April, 1999 for non attendance. For some reason the application was listed before two Judges of Appeal namely Kwach and Owuor JJA. But this cannot justify the decision by Mr Khaminwa to send his clerk to Court knowing fully well that a clerk could not possibly deal with the matter on his behalf. Mr Khaminwa has not explained why he was not in Court when the matter was called. He may have been engaged elsewhere, I do not know.

This is a very borderline case and I am prepared to gi…

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