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Peter Gitahi Kamaitha v. Nyeri Municipal Council

(2014) JELR 95063 (CA)

Court of Appeal  •  Civil Appeal 215 of 2008  •  22 Jul 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



1. This is a second appeal from the judgment of the High Court dated 15th October, 2007 wherein the learned Judge (Makhandia, J. as he then was) upheld the Chief Magistrate Court’s decision declining to set aside the order dismissing the appellant’s suit for non-attendance.

2. The appellant filed suit in the subordinate court against the respondent seeking inter alia payment of salary arrears or terminal dues. The respondent entered appearance and filed a statement of defence. When the suit came up for hearing on 24th March, 2003 it was dismissed for non-attendance by the appellant. Thereafter, the appellant filed an application dated 2nd April, 2003 seeking an order setting aside the dismissal of the suit for non-attendance.

3. The appellant deposed that the suit came up for hearing on 10th February, 2003 when it was stood over generally. He learnt about the dismissal on 31st March, 2003 when he visited the registry to find out about the status of the suit. Upon in…

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