RULING
I have heard the parties. Counsel for Plaintiff/Applicant has filed this application to set aside the order of the court made on 20/3/2025 and to re-call plaintiff’s witness pursuant to the inherent jurisdiction of the court.
In sum, the gravamen of this instant application is that the plaintiff witness (PW1) was for continuation of cross examination but failed /and or neglected to attend court despite several adjournments. The counsel for Plaintiff on one such adjournment informed the court the witness is gone out of jurisdiction to his brother in Nigeria. Though the witness (PW1) had not been discharged from the witness box he had been absent from court since the 10th of July 2024 and despite several adjournments had failed and or neglected to attend court to complete the cross- examination. In the circumstance the evidence of PW1 was expunged from the records on 20th March 2025. The Counsel for plaintiff then informed the court he wishes to close plaintiff’s case. The case wa…