RULING OF THE COURT
The applicant’s Notice of Motion dated 14th July, 2016 seeks the setting aside of this Court’s Order dated 21st April 2016, which dismissed the appellant’s Kisumu Civil Appeal No. 58 of 2015, and allow the appeal to be set down for hearing inter partes. It was further prayed that the Court grant any other orders or directions as it deemed fit.
The application was on grounds that the appeal was dismissed for non-attendance of the applicant’s advocate and the appellant on 21st April 2016 when the appeal came up for hearing; that the failure to attend Court was on account of an omission by the advocate’s clerk to diarise the hearing date; that on the material day the advocate’s clerk was ill and was subsequently admitted for a period of four days; that the omission should not be visited on the appellant; that the appeal raised triable issues and should be heard on its merits; that the appellant will suffer irreparable loss and damage; that the appellant was willing to c…