PHILIP KADAGI ZABLON VS JOHN KIPNGETICH TABUT

I have considered Notice of Motion dated 18^th October 2023. The respondent has not filed any response to the application. The applicant’s counsel has explained in his affidavit why he did not attend court on 16^th October 2023. I find the reason given plausible. I also note that the application was filed timeously. I find merit in Notice of Motion dated 18^th October 2023 and I set aside the order made on 16^th October 2023 dismissing Notice of Motion dated 29^th June 2023. I hereby reinstate the said application. Costs of Notice of Motion dated 18^th October 2023 shall be in the cause.