RULING
The Plaintiff in this case was represented by the firm of Waweru Macharia advocate when the case came up for hearing on 15th October 2004. On that day on his advocate being refused an adjournment he proceeded to withdraw the Plaintiff’s claim. The Plaintiff by a Notice which although undated but was filed in court on 11th May 2006 gave notice to act in person. The Plaintiff subsequently obtained representation from the firm of Gacheche wa Miano who filed a Notice of Appointment of Advocate dated 23rd of October 2006. The said advocate when this matter came up on 17th September 2007, sought to argue a Notice of Motion dated 19th April 2006 which had been filed by the Plaintiff in person. That application seeks the reinstatement of the plaint which was withdrawn on 15th October 2004. The Defendant’s counsel raised a preliminary objection in the following terms:
1. THAT application offends the provisions of OIII Rule 9A Civil Procedure Act and Rules.
2. THAT the application is otherw…