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Julianne Ulrike Stamm v. Tiwi Beach Hotel Ltd.

(1998) JELR 100482 (CA)

Court of Appeal  •  CIvil Appeal 57 of 1996  •  19 Jul 1998  •  Kenya

Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi



Order 1XB rule 4(1) of the Civil Procedure Rules reads:

"4(1)If on the day fixed for hearing, after the suit has ben called 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."

The learned judge in the superior court (Oguk, J.) had set the suit (H.C.C.C. NO. 495 of 1989) down for hearing before him on 25th ad 26th of October, 1995. On the 25th day of October 1995 Mr. Nowrojee appeared for the plaintiff, the appellant in the consolidated appeals before us, and opened his case in some detail. When he called his first witness who was not the plaintiff, Mr. Kirundi, counsel for the defendant, the respondent in the consolidated appeals before us, objected to this witness being called ad argued that as the plaintiff herself was not present at the hearing of the suit, her claim ought to be dismissed and that the suit should proceed to hearing on the defeā€¦

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