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Wangulu Enterprises Limited v. Abdalla Said Kugotwa,Thaddes Kiminza Mutiso,Jane Njeri Mutiso,Mwicigi Kaniu,Jane Gathoni Mwicigi,District Land Registrar Kwale & Attorney General

(2015) JELR 96679 (CA)

Court of Appeal  •  Civil Appeal 9 of 2014  •  12 Mar 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Hannah Magondi Okwengu, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant, Wangulu Enterprises Limited filed an appeal arising from the ruling and order of Mukunya J. dated 23rd August 2013. The learned Judge’s ruling was in respect of a Notice of Motion application dated 18th June 2013 and filed in Court on 19th June 2013. In the motion, the appellant, the then plaintiff sought that the order of 6th June 2013 dismissing its suit be set aside and that the suit be revived and be reinstated to hearing. The background to the Notice of Motion was that the trial court had dismissed the applicant’s plaint on 6th June 2013 for non-appearance of the appellant’s counsel. The Notice of motion was supported by the affidavit of Eunice W. KIBE, the then advocate for the appellant who deponed that on 4th June 2013 she was taken ill and was out of the office till 8th June, 2013; that on 17th June 2013 she learnt that the appellant’s suit had been dismissed; that she had instructed her clerk to pass over the file to an advocate to hold he…

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