[2024] KEHC 10772 (KLR)
The court found that the applicant's counsel provided a satisfactory explanation for her non-attendance, namely a power failure in her chambers. In the absence of opposition and being persuaded by the reason advanced, the court exercised its discretion to set aside the orders made on 30.4.2024 and reinstated the...
Source-derived case information.
- Citation
- [2024] KEHC 10772 (KLR)
- Parties
- Appellant: George Rojeh; Respondent: Caroline Nangai Ondeyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E194 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application to Set Aside Orders and Reinstate Appeal
- Outcome
- Application allowed; orders of 30.4.2024 set aside; appeal reinstated.
- Judges
- MS Shariff
- Legal Topics
- Reinstatement of Appeal, Setting Aside Orders, Non Attendance, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Rojeh
Appellant
Caroline Nangai Ondeyo
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Set Aside Orders and Reinstate Appeal
Legal Issues
- 1 Whether the orders made on 30.4.2024 should be set aside due to the applicant's counsel's non-attendance.
- 2 Whether the appeal should be reinstated after being dismissed for non-attendance.
Ratio Decidendi
The court found that the applicant's counsel provided a satisfactory explanation for her non-attendance, namely a power failure in her chambers. In the absence of opposition and being persuaded by the reason advanced, the court exercised its discretion to set aside the orders made on 30.4.2024 and reinstated the appeal. The court further issued directions for the filing and serving of written submissions by both parties within specified timelines.
Court Disposition
Application allowed; orders of 30.4.2024 set aside; appeal reinstated.
Orders
- Orders made on 30.4.2024 are set aside.
- The appeal is reinstated.
Full Case Text
Judgment text and source record
20 paragraphs
Rojeh v Ondeyo (Civil Appeal E194 of 2023) [2024] KEHC 10772 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10772 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E194 of 2023
MS Shariff, J
September 17, 2024
Between
George Rojeh
Appellant
and
Caroline Nangai Ondeyo
Respondent
Ruling
1. I have considered the notice of motion dated 11. 5.2024, the supporting affidavit sworn by Maureen Tesot on even date. I have also considered the oral submissions of the Applicant’s Counsel and the fact that there is no opposition to this application.
2. I do note the reason advanced for the failure of Ms. Tesot to attend court was a power failure in their chambers and I am persuaded by that reason wherefore I allow this application and the orders made herein on 30. 4.2024 are hereby set aside and the appeal herein is duly reinstated.
3. The Appellant is hereby directed to file and serve his written submissions within 14 days from the date hereof and the Respondent to so within 25 days from the date hereof.
4. Mention on 17. 10. 2024 to confirm compliance.
5. Notice of these directions to be served upon the Respondent by the Appellant.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE