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Savings & Loan Kenya Ltd v. Onyancha Bwomote

(2014) JELR 94185 (CA)

Court of Appeal  •  Civil Appeal (Application) 70 of 2004  •  3 Oct 2014  •  Kenya

Coram
Mohammed Abdullahi Warsame, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

RULING OF THE COURT

On 7th November, 2013, the applicant’s appeal, Civil Appeal No. 70 of 2004, was dismissed for non appearance under Rule 102(1) of the Court of Appeal Rules. The record indicates that when the appeal was called out for hearing as scheduled, counsel for the respondent was present in court and ready to proceed with the hearing, but there was no appearance by the appellant or its counsel, even after the matter was placed aside until 11.00 am.

On 6th December, 2013, the applicant filed the Motion on Notice now before us under Rule 102,Sections 3A and 3B of the Appellate Jurisdiction Act and Article 159 of the Constitution seeking reinstatement of the dismissed appeal. The Motion is supported by an affidavit sworn on 6th December, 2013 by Mr. Walter Amoko, learned counsel for the applicant, in which he has deponed to the circumstances under which he failed to attend the Court for the scheduled hearing on 7th November, 2013.

Mr. Amoko confirms that the hearing date of 7th No…

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