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PETER NGOME v. PLANTEX COMPANY LIMITED

(1983) JELR 96312 (CA)

Court of Appeal  •  civ app 91 of 83  •  10 Nov 1983  •  Kenya

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

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA AT NAIROBI

civ app 91 of 83

PETER NGOME ................................................................... APPELLANT

AND

PLANTEX COMPANY LIMITED .............................................RESPONDENT

(Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Gachuhi, J) dated 11th October 1983 In

CIVIL APPEAL NO 127 OF 1983)

_________________________

JUDGMENT OF CHESONI AG J A

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 plaintif…

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