MARY NEKESA WAFULA through next of kin BEN WAFULA v BOARD OF GOVERNORS FRIENDS SCHOOL KAMUSINGA [2011] KEHC 3752 (KLR)
- Court
- High Court of Kenya
- Case number
- 3752
- Citation
- [2011] KEHC 3752 (KLR)
- Decided
- 10 March 2011
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal arising from original record of BGM CM CC NO.87 of 1997CoramF. N. MUCHEMI
Holding
The application is merited and is hereby allowed as prayed. The application dated 24/05/2010 is hereby reinstated.
Facts
The application was dismissed for non-attendance of the Plaintiff's counsel Mr. Khakula. The matter was listed in the addendum which the counsel had not seen when he attended court in the morning.
Issues
- Setting aside orders made on 24/05/2010
- Reinstating the Applicant's application dated 22/02/2010
Reasoning
The matter was not on the main cause list but on the addendum. It is likely that the addendum was not brought to the notice of the counsels by the court clerk in good time, leading to Mr. Khakula leaving the court room under the impression that his case was not listed.
Outcome
The application is allowed and the application dated 24/05/2010 is reinstated.
Orders
- The application dated 24/05/2010 is hereby reinstated.
Remedies
- Costs in the cause.
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