HAITHAR HAJI ABDI & 2 ORS
V.
KENYA NATIONAL CAPITAL CORPORATION LIMITED & ANOR

RULING OF THE COURT

This is an application under Rule 55 (3) of the Court of Appeal Rules, for an order that the application dated 30^th January, 2006 which was dismissed on 13^th December, 2007 for non-attendance be reinstated to hearing.

The application is supported by an affidavit sworn by Albert Khaminwa and a second affidavit sworn by Dr. John Mugalasinga Khaminwa which affidavits explain why the applicants’ advocates did not attend the hearing of the application on 13^th December, 2007.

Both Mr. Njeru and Mr. Njenga, learned counsel for first and second respondent respectively opposed the application and contended, among other things, that the application is incompetent as it was filed after the 30 days stipulated by Rule 55 (4) of the Court of Appeal Rules.

Rule 55 provides:

“55. (1) If on any day fixed for the hearing of an application, the applicant does not appear, the application may be dismissed, unless the court sees fit to adjourn the hearing.

(2) ................................…