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Ngome v. Plantex Company Ltd

(1984) JELR 98448 (CA)

Court of Appeal  •  Civil Appeal 91 of 1983  •  10 Jul 1984  •  Kenya

Coram
Zakayo Richard Chesoni, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Kneller, Hancox JJA and Chesoni Ag JA )

CIVIL APPEAL NO. 91 OF 1983

BETWEEN

NGOME............................................................................APPELLANT

AND

PLANTEX COMPANY LTD.......................................RESPONDENT

(Appeal from the High Court of Nairobi, Gachuhi J)

JUDGMENT

Chesoni Ag JA The appellant’s suit was dismissed in the resident magistrate’s court at Sheria House, Nairobi, under order IXB rule 4(1) of the Civil Procedure Rules (cap 21). The appellant and his then advocate, had failed to attend court on the day fixed for the hearing of the suit. The appellant later applied to the same court, under rule 8 of the same order, to have the dismissal order set aside, but that application was dismissed and so was the appeal to the High Court (Gachuhi J) from the refusal to set aside the ex parte judgment.

The question is: can a plaintiff whose suit has been dismissed under rule 4 for failure to attend court on the hearing date …

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