August 29, 1991, the following Judgement of the Court was delivered.
This is an application before us for leave to appeal against the judgment of Shields J dated 31st August, 1990, in HCCC (Mombasa) 934 of 1979.
The application then before Shileds J was that an order dismissing a suit for want of prosecution under order 16, r 6 of the Civil Procedure Rules should be set aside so that the action could be reinstated for hearing.
It so happened that Shields J decided another case, HCCC 4 of 1980, between the same defendant and one Abdallah Ramzan at about the same time, and he accordingly gave the decision in this case in the same way as he had in HCCC 4 of 1980.
After setting aside the order dismissing the suit an application for leave to appeal was made, presumably under order 42, r 1(2). This was refused by the judge, as Mr Juma, for the applicants, complained without any reasons being given. Indeed that was the main plank in Mr Juma’s application before this Court.
We asked Mr Juma to ele…