Monica Aluoch Otieno & 3 others v Joseph Bwoga Ondijo [2017] KEHC 3024 (KLR)
- Court
- High Court of Kenya
- Case number
- 3024
- Citation
- [2017] KEHC 3024 (KLR)
- Decided
- 12 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for setting aside an order of dismissal for non-attendance and for costsCoramT.W.CHERERE
Holding
The application is allowed, and the order of dismissal for non-attendance is set aside. The application dated 10.4.17 is listed for hearing on merit. Costs are in the cause.
Facts
The applicants claimed they were misled by the Court Registry regarding the judge's availability on the date of the dismissal order. The application was based on the grounds that the judge was not sitting on the date the order was made.
Issues
- Misleading information provided by the Court Registry regarding the judge's availability
- Application for setting aside the order of dismissal for non-attendance
Reasoning
The court found that the information on the cause list was misleading and that the applicants' counsel's non-attendance was explained.
Outcome
Application granted
Orders
- Order to set aside the order of dismissal for non-attendance
- Notice of motion dated 10.4.17 to be listed for hearing on merit
Remedies
- Costs in the cause
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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