RULING OF THE COURT
1. By its application dated 25th November 2019, the applicant, P.N. Mashru Ltd, which is the appellant in the appeal, has applied to the Court to set aside its order made on 28th October 2019 dismissing its appeal for non-appearance and for orders that the appeal be restored for hearing and determination. The grounds on which the application is made are set out in the supporting affidavit of Dorothy A. Odhiambo advocate buttressed by written submissions.
2. Ms. Odhiambo deposes that whereas the hearing of the appeal was correctly fixed for 28th October 2019, she inadvertently and incorrectly recorded the date in her diary as 29th October 2019. She has exhibited to her affidavit an extract of her diary for 28th and 29th October 2019 in support.
3. Furthermore, it was urged for the applicant, that both parties had prior to the hearing on 28th October 2019 filed their respective written submissions on the appeal which the Court ought to have considered notwithstanding th…