Wilson Cheboi Yego v Samuel Kipsang Cheboi [2019] KECA 638 (KLR)
- Court
- Court of Appeal
- Case number
- 638
- Citation
- [2019] KECA 638 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to restore dismissed appealCoramWAKI, HANNAH OKWENGU, J. MOHAMMED, MADAN, MUSINGA
Holding
The Court dismissed the application as the applicant failed to show sufficient cause for his non-attendance.
Facts
Civil Appeal No. 2 of 2017 was dismissed for non-attendance on 4th December, 2018. The applicant filed a notice of motion seeking to restore the appeal.
Issues
- Whether the applicant's application to restore the dismissed appeal should be granted
- Whether the applicant's non-attendance was due to sufficient cause
Reasoning
The Court ruled that the applicant did not satisfy the second condition of Rule 102(3) by showing sufficient cause for his non-attendance, as the dismissal was not due to an error or mistake but rather due to his deliberate failure to appear.
Outcome
Application dismissed
Orders
- Order to restore the appeal was denied
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (3)
- Okiya Omtata Okoiti & another v Okiya Omtata Okoiti & 4 others [2016] eKLR
- The Registered Trustees of the Archdiocese of Dar es Salaam vs The Chairman Bunju Village Government & Others Civil Appeal No. 147 of 2006
- Parimal v Veena [2011] 3 SCC 545
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.
Loading judgment…