PETER GITAHI KAMAITHA
V.
NYERI MUNICIPAL COUNCIL

JUDGMENT OF THE COURT

1. This is a second appeal from the judgment of the High Court dated 15^th October, 2007 wherein the learned Judge (Makhandia, J. as he then was) upheld the Chief Magistrate Court’s decision declining to set aside the order dismissing the appellant’s suit for non-attendance.

2. The appellant filed suit in the subordinate court against the respondent seeking inter alia payment of salary arrears or terminal dues. The respondent entered appearance and filed a statement of defence. When the suit came up for hearing on 24^th March, 2003 it was dismissed for non-attendance by the appellant. Thereafter, the appellant filed an application dated 2^nd April, 2003 seeking an order setting aside the dismissal of the suit for non-attendance.

3. The appellant deposed that the suit came up for hearing on 10^th February, 2003 when it was stood over generally. He learnt about the dismissal on 31^st March, 2003 when he visited the registry to find out about the status of the suit. Upon in…