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Failure of both the parties and their advocate to appear and to provide sufficient reasons for their non-appearance constitutes insufficient cause for restoration of a dismissed application. The trial tribunal's decision to dismiss the application is upheld.
Source excerpt
The High Court allowed a land appeal, restored the dismissed application, and held that the tribunal wrongly ignored medical evidence and failed to fully assess counsel’s absence.
The High Court dismissed a labour revision application for want of prosecution after the applicant repeatedly failed to appear before the court.
The High Court struck out an application to set aside a dismissal order, holding it was brought under the wrong provision of the Civil Procedure Code.
The defendants' and their counsel's failure to appear or communicate with the court on the scheduled hearing date constituted failure to prosecute their defence. The court, applying the relevant procedural rules, marked the defence as closed and allowed the matter to proceed to written submissions.
Source excerpt
The High Court rejected a review application against an earlier strike-out order, holding that the suit had languished for years and the review grounds were unpersuasive.
The High Court struck out this land case with costs after the parties repeatedly failed to appear, without determining the preliminary objections.
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