JUDGMENT OF THE COURT
The four appellants in this appeal were the plaintiffs in HCCC No. 1508 of 1994 while the Kamuingi Housing Company Limited (the respondent) was the defendant. By their plaint dated 20th April 1994, the appellants sued the respondent for orders inter alia to restrain the respondent, their agents, servants and/or employees from evicting the appellants from Plot No. 36/V/01 situate at Mathare.
The suit was fixed for hearing on several occasions but for one reason or another, it did not take off. One such time was on 16th October, 2001 when the matter came up for hearing before Ransley, Commissioner of Assize (C.A) (as he then was). On that date Mr. Ngatia who represented the appellants applied for an adjournment on the ground that his clients were not in court. Mr. Okeyo, learned counsel, still on record for the respondent, opposed the application for adjournment an opposition that found favour with the learned C.A.
The C.A observed that the hearing date had been taken…