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Philip Muchiri Mugo v. Mbeu Kithakwa

(2013) JELR 96472 (CA)

Court of Appeal  •  Civil Appeal (Application) 121 of 2010  •  10 Dec 2013  •  Kenya

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



Before us is a Notice of Motion application dated 1st August, 2013 wherein the applicant seeks the following orders:-

  • That the order made by this Honourable Court on 22nd July, 2013 dismissing the appeal be set aside and/or vacated.
  • That the appeal herein be restored for hearing.
  • That the costs of the application abide by the outcome of the appeal.

The grounds upon which the applicant relied on in support of his application were that the appeal herein was dismissed on account of non-attendance by the applicant's counsel; at all material times the applicant was present in court; the applicant's counsel arrived late in court when the dismissal order had already been issued; the failure by the applicant's counsel to attend court on time was not deliberate but due to circumstances that were beyond his control; the applicant is desirous of prosecuting his appeal to its logical conclusion; the subject of the appeal is a land dispute; the applicant ought not to be punished for…

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