MEGHJI VELJI CHHAYA V. ATTORNEY GENERAL, SHIBWECHE WILFRED, OGAIDA & MWAI

RULING OF THE COURT

This reference from the decision of a single judge of this court (Kwach, JA) is before us pursuant to the provisions of rule 54(1) (b) of the rules of this court (the Rules). On 7^th February, 1997 the learned single judge ruled that an omission by an advocate’s clerk to enter a hearing date in the advocates diary may amount to sufficient cause within the meaning of rule 55(3) of the Rules to enable him to order reinstatement of the application which stood dismissed pursuant to the provisions of rule 55(1) of the Rules.

The original application was filed by Mr. Hira on 24^th April, 1996 whereby the applicant had sought extension of time to treat a notice of appeal filed late as having been filed in time. When that application came up for hearing before the learned single judge it was dismissed as the applicant or his counsel were not present. That was on 2^nd December, 1996. Mr. Hira fortuitously came to know about the dismissal on the same day and he filed the reinstat…