ABDIKADIR SALAH vs ADUR DUBOW [2004] KEHC 2054 (KLR)
- Court
- High Court
- Case number
- 2054
- Citation
- [2004] KEHC 2054 (KLR)
- Decided
- 21 May 2004
- Judge
- JG Nyamu
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to set aside order dismissing suit for non-attendance by counselPostureApplication allowed but costs awarded to the respondent/defendantCoramJG Nyamu
Holding
Application is allowed but costs are awarded to the respondent/defendant
Facts
The plaintiff's counsel was late due to his client's location outside Nairobi and needed to take instructions on 1st March, 2004. Construction works on the suit property had been completed.
Issues
- Reasons for non-attendance by the learned counsel
- Substratum of the suit has disappeared
Reasoning
The main ground in opposition touches on the merit of the suit, which is a matter for determination after hearing arguments from both parties. The reasons for non-attendance by the learned counsel are not entirely satisfactory, but the judge has a wide discretion to do justice.
Outcome
Application allowed
Orders
- Application to set aside order dismissing suit for non-attendance by counsel is allowed
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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