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Kasturi Limited v. Nyeri Wholesalers Limited

(2014) JELR 100216 (CA)

Court of Appeal  •  Civil Appeal (Application) 248 of 2012  •  3 Jun 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



1. By Notice of Motion dated 4th April, 2014, the applicant is seeking orders to reinstate its appeal that had been dismissed for non-attendance on 2nd April, 2014. The application is brought under rules 4 and 102 (1), (3) of the Rules of this Court. A period of 2 days elapsed since delivery of the ruling dismissing the appeal for non-attendance and the filing of the current application.

2. The issue in this application is whether the applicant has given a satisfactory explanation for non-attendance on 2nd April, 2014. The affidavit in support of the motion is sworn by counsel for the applicant Messrs George Gori. It is explained that non-attendance was occasioned by an inadvertent mistake in diarizing the hearing date; that the application to restore the appeal was filed within 2 days which is not an inordinate delay. In the supporting affidavit, learned counsel Mr. Gori deposes that his office was served with a hearing notice but due to inadvertence, the hearing da…

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