<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>O IXB rule 4(1) of the Civil Procedure Rules (the Rules) provides that:</p><p>“If on the day fixed for hearing, after the suit has been called on for hearing outside the Court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed except for good cause to be recorded by the Court.”</p><p>Likewise o XVI rules 3 and 4 of the Rules provides that:</p><p>“3. Where on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose off the suit in one of the modes directed in that behalf by order IXB, or make such other order as it thinks fit.</p><p>4. Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed, the Court may, notwithstanding such default, proceed to decide the suit forthwith.”</p><p>The appellant, Johnstone Ag…</p>