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Kenya Marine Contractor Epz Limited v. Kenya Engineering Workers Union

(2017) JELR 100033 (CA)

Court of Appeal  •  Civil Application 28 of 2015  •  10 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

Before the Court is an application dated 19th July, 2016 seeking the review of the order of 11th July, 2016 by which the applicant’s application dated 27thApril, 2016 was dismissed with costs for non-attendance on the part of the applicant and or its counsel. The application is predicated on grounds that the non-attendance by the applicant’s counsel was occasioned by mechanical breakdown of the vehicle in which she was travelling, leading to her late arrival in court, by which time the application had been dismissed with costs. Five days later it lodged the instant application.

The application is opposed, vide the replying affidavit of Charles Natili, sworn on 14th September, 2016 in which he deposes that mechanical breakdown of a motor vehicle was a foreseeable event and that the applicant was simply engaging in delaying tactics in a bid to keep the respondents from enjoying the fruits of their judgment. That the applicant’s counsel did not have the courtesy to call…

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