HABO AGENCIES LIMITED V. WILFRED ODHIAMBO MUSINGO

RULING OF THE COURT

1. Civil Appeal No. 124 of 2004 Habo Agencies Limited v. Wilfred Odhiambo Musingo was filed before this Court on 22nd June, 2004 seeking in the main an order that the appellant be granted leave to file and serve its defence on the respondent out of time. It is therefore an old appeal by any standards.

2. The appeal was given a hearing date and both advocates were duly served with the hearing notice. However, on 5th February, 2013 when the appeal came up for hearing, Mr. Tiego learned counsel for the respondent, appeared in Court ready to proceed with the appeal but there was no attendance by counsel then on record for the appellant. Mr. Tiego applied for dismissal of the appeal and having confirmed that the firm of Keverenge and Anyanzwa had been served with the hearing notice and acknowledged receipt of the same, the Court proceeded to invoke provisions of Rule 102(1) of the Rules of this Court and dismissed the appeal.

3. Where an appeal is dismissed under the above…