RULING OF THE COURT
When an appeal has been dismissed under Rule 99 (1) for failure to appear, the appeal may be restored if in this case, it can be shown that the advocate on record Mrs Rodrigues, was prevented by sufficient cause from appearing. The rather hollow affidavit sworn to by her in this regard, does not constitute sufficient cause. It would have been different if there had been another affidavit by her clerk who as deponed in her affidavit, had failed to instruct the advocate leading Mrs Rodrigues who was busy elsewhere, to be in court.
This is not the sort of case that we think the omission of the advocate on record should not be visited upon her client. In the result, the application to restore the applicants' appeal is hereby dismissed with costs for the Respondents.
Dated and delivered at Nairobi this 29th November, 2000.
R. O. KWACH
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JUDGE OF APPEAL
A. M. AKIWUMI
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JUDGE OF APPEAL
A. A. LAKHA
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JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR