NYORO CONSTRUCTION CO. LTD. v NYAYO TEA ZONES DEVELOPMENT CORPORATION [2009] KEHC 3223 (KLR)
- Court
- High Court of Kenya
- Case number
- 3223
- Citation
- [2009] KEHC 3223 (KLR)
- Decided
- 26 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of an application to set aside an order dismissing an application to lift an attachmentCoramL. KIMARU
Holding
The court finds no merit in the objector's application and dismisses it with costs.
Facts
The plaintiff's costs were awarded to the defendant, who instructed Gallant Auctioneers to attach the plaintiff's loose assets. The objector, Sparetech Co. Ltd., filed an application to lift the attachment, which was dismissed with costs for want of prosecution. The objector then applied to set aside the dismissal order.
Issues
- Whether the objector made a case for exercise of discretion to set aside the order of dismissal
- Whether the objector's counsel's excuse for not attending court was valid
Reasoning
The court dismissed the objector's application as the objector's counsel failed to attend court on the scheduled date due to a lack of proper scheduling and preparation, and the court found the excuse to be untenable.
Outcome
Application dismissed with costs
Orders
- Application to set aside the order of dismissal dismissed with costs
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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