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BML
V.
WM

(2020) JELR 105865 (CA)

Court of Appeal 20 Nov 2020 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 230 of 2015
Judges:Milton Stephen Asike Makhandia, Jamila Mohammed, Sankale ole Kantai
Location:Nairobi
Other Citations:BML v. WM [2020] eKLR

RULING OF THE COURT

This appeal was listed for hearing on 3rd July, 2019 together with Civil Appeal No. 353 of 2012. When called out, neither the applicant nor her counsel was in Court despite having been served with the hearing notices on 16th April, 2019. On the application of counsel for the respondent, both appeals were dismissed with costs under Rule 102(1) of the Court of Appeal Rules for non-attendance.

The applicant has now filed this notice of motion praying that time within which to seek orders for restoration of the two appeals be extended; that the two civil appeals be restored for hearing forthwith; and that upon such restoration appropriate orders be made concerning the hearing and determination of the said appeals.

The application is brought under Rules 4 and 102(1) of the Court of Appeal Rules and Sections 3, 3A and 3B of the Appellate Jurisdiction Act. It is premised on the grounds that: Civil Appeal Nos. 230 of 2015 and 353 of 2012 were dismissed on 3rd July, 2019 under…

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