DANIEL OGOL & 2 others v JOEL OUMA MUMA [2008] KEHC 934 (KLR)
- Court
- High Court of Kenya
- Case number
- 934
- Citation
- [2008] KEHC 934 (KLR)
- Decided
- 23 May 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous order dismissing an application for non-attendanceCoramJ. L. A. OSIEMO
Holding
The application is allowed in terms of prayer 4, 5 and 6 of the Notice of Motion dated August 3, 2007.
Facts
The applicants' application for non-attendance was dismissed on July 31, 2007, by Judge Aganyanya, and the matter was part-heard by Judge Osiemo on July 31, 2007.
Issues
- To set aside the dismissal of the applicants' application for non-attendance
- To reinstate the applicants' Notice of Motion dated January 18, 2007
- To reinstate interim orders granted to the applicants on January 18, 2007
Reasoning
There was a mix-up in the numbering of the cases in the cause list, and the matter was inadvertently placed before Judge Aganyanya, leading to the dismissal of the application for non-attendance.
Outcome
The application is allowed.
Orders
- To set aside the dismissal of the applicants' application for non-attendance
- To reinstate the applicants' Notice of Motion dated January 18, 2007
- To reinstate interim orders granted to the applicants on January 18, 2007
Remedies
- To reinstate the interim orders pending further hearing and determination of the applicants' Notice of Motion
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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