RULING OF THE COURT
1. By Notice of Motion dated 4th April, 2014, the applicant is seeking orders to reinstate its appeal that had been dismissed for non-attendance on 2nd April, 2014. The application is brought under rules 4 and 102 (1), (3) of the Rules of this Court. A period of 2 days elapsed since delivery of the ruling dismissing the appeal for non-attendance and the filing of the current application.
2. The issue in this application is whether the applicant has given a satisfactory explanation for non-attendance on 2nd April, 2014. The affidavit in support of the motion is sworn by counsel for the applicant Messrs George Gori. It is explained that non-attendance was occasioned by an inadvertent mistake in diarizing the hearing date; that the application to restore the appeal was filed within 2 days which is not an inordinate delay. In the supporting affidavit, learned counsel Mr. Gori deposes that his office was served with a hearing notice but due to inadvertence, the hearing da…