LEISURE LODGE LIMITED V. SOLOMON AMIANI

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Case 311 of 2003

LEISURE LODGE LIMITED...................................PLAINTIFF

VERSUS

SOLOMON AMIANI............................................DEFENDANT

RULING

The plaintiff’s suit herein was dismissed on 21^st November 2007 for none attendance. The suit had been fixed for hearing at the behest of the plaintiff but when it was called out for hearing on the said date none of the parties or their advocates attended. The plaintiff now seeks, by its Chamber Summons dated 26^th May 2008, an order setting aside the order of dismissal upon the main grounds that the plaintiff had not been informed of the hearing date; that the plaintiff’s counsel was indisposed and counsel instructed to hold her brief failed to attend the court to so inform the court; that the failure to prosecute the suit on the said date was not intentional or due to indolence and that the plaintiff is interested in the suit which involves land. The applicatio…