Customer Support

OKIYA OMTATA OKOITI & ANOTHER
V.
OKIYA OMTATA OKOITI & 4 OTHERS

(2016) JELR 95542 (CA)

Court of Appeal 17 Jun 2016 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 15 of 2015
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Sankale ole Kantai
Location:Nairobi
Other Citations:Okiya Omtata Okoiti & another v. Okiya Omtata Okoiti & 4 others [2016] eKLR

RULING OF THE COURT

The applicants Okiyo Omtata Okoiti and Wyclyfe Gisebe Akina had filed a Notice of Motion seeking various orders. That Motion was called for hearing on 19th January, 2016 but the applicants were absent. It was dismissed for non-attendance under rule 56(1) of this Court’s Rules.

On 23rd January, 2016 the applicants filed a Notice of Motion dated 19th January, 2016 where it is prayed in the main, that, the said motion which was dismissed be reinstated to hearing. The applicants say in the grounds in support of the motion that they arrived in court late because they were held up in traffic and that they are sorry for attending court late. The affidavit in support sworn on 19th January, 2016 by the 1st applicant reiterates the said grounds stating in addition, inter alia, that the applicants arrived in court just as ruling dismissing their motion was being delivered and that the said motion was the first item on the cause list that day.

The respondents filed respective rep…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.