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Tom Oyieyo Oduor v. Swan Industries Limited

(2018) JELR 93916 (CA)

Court of Appeal  •  Civil Appeal 48 of 2015  •  18 Oct 2018  •  Kenya

Coram
Thripsisa Wanjiku Cherere

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

(CORAM: CHERERE-J)

CIVIL APPEAL NO. 48 OF 2015

TOM OYIEYO ODUOR......................................APPELLANT/APPLICANT

SWAN INDUSTRIES LIMITED..............................................RESPONDENT

RULING

1. By a notice of motion dated 10.3.17 brought Order 17 rule 4, Order 51 rule 15 of the Civil Procedure Rules and Sections 1A, 1B, and 3A of the Civil Procedure Act, the applicant prays for ordersTHAT: -

1) This court be pleased to set aside or vary orders of dismissal of appeal issued on 14.2.17 and the appeal be reinstated for hearing

2) Costs be in the cause

2. The application is based on the grounds among others that applicant’s advocate took the date in court but mistakenly heard that the appeal was fixed for hearing on 24.2.17 and not 14.2.14. The application is also supported by an affidavit sworn on 10.3.17 by Rodgers Otieno, advocate for the applicant who reiterates the grounds on the face of the application. He further avers t…

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