Ngugi & Another v A (Minor Suing Thro’ his father an Next Friend EAA)(Civil Application 155 of 1996) [1996] KECA 186 (KLR) (27 September 1996) (Ruling)
- Court
- Court of Appeal
- Case number
- 201
- Citation
- [1996] KECA 186 (KLR)
- Decided
- 27 September 1996
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to set aside the order for dismissal of the appealCoramAA LAKHA
Holding
The appeal must be looked upon as having been dealt with on the basis of non-appearance and the applicants are given an opportunity to prosecute their appeal on merits.
Facts
Mr Onyinkwa, instructed by Mr Athunga, applied for an adjournment due to illness, but the application was refused. The appeal was dismissed with costs.
Issues
- Whether an application by an advocate who is instructed only to apply for adjournment is an appearance within the meaning of the Rules of the Court.
- Whether the dismissal of the appeal is for non-appearance under rule 99(1) of the Rules of the Court
Reasoning
The advocate's appearance was limited to applying for an adjournment and ceased once the purpose was exhausted. The policy of the law and the course of justice would be defeated if physical appearance was treated as an appearance.
Outcome
The application succeeds and the dismissal of Civil Appeal No 211 of 1995 is set aside, and the appeal is restored for hearing.
Orders
- The dismissal of Civil Appeal No 211 of 1995 is set aside.
- The appeal is restored for hearing at the next session of this Court in Kisumu.
Remedies
- The applicants shall have the costs of this application.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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