RULING OF THE COURT
Background
1) This is an application by way of Notice of Motion dated 27th May, 2016 brought pursuant to Rules 102, 1(2) and 42 of the Court of Appeal Rules (the Rules) and Sections 3A and 3B of the Appellate Jurisdictions Act, Chapter 9 of Laws of Kenya and Article 159 of the Constitution of Kenya, 2010. The applicant seeks the following orders:-
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2. That this Honourable Court be pleased to set-aside and or vacate the orders it issued on 11th April, 2016, dismissing this appeal for non-appearance by the Appellant.
3. That this Honourable Court be pleased to restore this appeal for hearing on such terms and conditions as it may deem fit, just and equitable.
4. That the costs of this application be provided for”.
2) The grounds upon which the applicant relies in support of his application include that on 11th April, 2016, Civil Appeal No. 320 of 2010, was dismissed by this honourable Court (P. N. Waki, R.N. Nambuye and P. O. Kiage, JJ.A.); that the hearing no…