NJERU NJAU ALIAS KAMAGA V. MBURIA KUGEREKA,ELENDA MUCHIRA WAWIRA,AGNES NGENDO KARANJA & EDWARD MUGO MUNENE

RULING OF THE COURT

[1] Before us is a Notice of Motion brought under the provisions of Rules 102 (2) of the Court of Appeal Rules in which the applicant seeks to restore the appeal that was dismissed on the 29^th January, 2014, for non- attendance. The application is supported by the following grounds:

That the appeal was set down for hearing on the 29^th January 2014 at 9.00 am.

The appellant’s advocate for several months has been unwell and was under treatment in Nairobi Hospital.

The advocate has been taking heavy doses of medication.

That on the 29^th January 2014 the appellant’s advocate due to effect of drugs slept and woke up late.

The advocate arrived in Court at 9;15 am just to find the court reading the dismissal order.

The advocate informed the court of his predicaments and said sorry and the Court wished him well.

This is a land matter and the appellant would suffer irreparable damage if his appeal stay dismissed without hearing him.

[2] Further to the forgoing grounds, there is a su…