HARIT SHETH T/A HARIT SHETH ADVOCATE V. K.H.OSMOND T/A K.H. OSMOND ADVOCATE

RULING

This is an application by way of Notice of Motion brought under Rule 55(3) of the Court of Appeal Rules in which the applicant is seeking the following orders:-

"1.That Civil Application No.329 of 2000 be restored for hearing.

2.THAT costs of this application be dealt with as the justice of the case shall sum to require.

This application is brought on the following grounds:-

"1.THAT the non-attendance on 20th March 2001 before the Honourable Justice O'Kubasu was not intentional and is explainable.

2.THAT there is sufficient cause for the Applicant's Advocates lateness and/or failure to appear before Justice O'Kubasu, the matter having previously been listed before the Honourable Justice Bosire on the said 20th March, 2001.

3.THAT the above changes and confusion caused by the Applicant's Advocates Court clerk when he perused the Cause List on 19th March 2001 and informed the Advocate appearing that the matter was listed as a three judge matter is excusable, the Court of Appeal's Cause …