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…Although counsel for Defendant was not present on that date, the Defence later admitted that they were aware of the hearing date. 13.…

…On 23rd August 2022 which was the hearing date the plaintiff and her Advocate were in court but there was no appearance for the Defence. 14.…

…Khisa advocate sworn on 26th April 2023 and Counsel premises the dismissal of the appeal on failure by this court to notify Counsel for the Appellant of hearing date of the 20th January, 2003 during the RRI session.…

…The Applicant’s Counsel posits and maintains that it was ignorant of the hearing date of 20th January 2023 as the law firm’s email address had crushed and it now has a new email address.…

…On 7th July, 1992, Mr Mithega had the matter placed before Oguk, J only for the limited purpose of taking a hearing date for the disposal of the suit notwithstanding the provisions of clause 9 of the policy and the fact that…

…Mr Mithega without having filed a formal application, informally, submitted to Oguk, J that a hearing date for the disposal of the suit by the Court be fixed since Mr Mwarania could not proceed with the arbitration.…

…The suit had been dismissed suo motu on 17th March 2025 for want of prosecution, the trial court noting that the Appellant had not taken steps to fix a hearing date since 3rd August, 2023. Background 3.…

…Koech certified the matter ready for hearing, minuting that “parties to move the court for a hearing date once ready”, the Court Tracking System (CTS) confirming no hearing date was issued on that occasion. 4.…

…That prompted the court to fix the matter for a last mention to take a hearing date. The date given was 8th May 2018. On 8th May 2018, another mention date was given, for 22nd May 2018.…

…It did not fix another mention date, but directed that, if no hearing date would have been fixed in two months’ time, the matter would stand dismissed.…

…date for the said application before me on 27.10.2025. 13.…

…It is factual therefore that the directions sent to the Respondent’s counsel did not bear either a mention nor a hearing date of the 27.10.2025. This is thus an error apparent on the face of the record. 14.…

…Consequently, the application was heard on 1st October 2024 in the absence of the Respondent/Applicant, who was unaware of the new hearing date, and interim orders were issued. 3.…

…The Respondent contends that the Applicant’s counsel was therefore aware of the new hearing date of 1st October 2024 but chose not to attend court for reasons best known to them. 6.…

…The Appellant’s Submissions [13 The appellant contended that the dismissal was premised on non-attendance at court on the scheduled hearing date.…

…The Respondents’ Submissions [17 The respondents submitted that both the appellant and his counsel were fully aware of the hearing date, which had been fixed for 15th August 2023, and duly served via email on 6th July 2023…

…On whether the first issue, the Appellant submitted that although the consequences of non-attendance are provided for under Order 12 of the Civil Procedure Rules, both parties were represented by Counsel on the hearing date…

…The respondent submitted that the appellant knew the hearing date, failed to attend court, failed to communicate with Counsel and could not be traced through his known contacts.…

…date.…

…The matter was given a further hearing date of 12th February 2020. The matter did not proceed then since the 4th respondent had not filed its documents.…

…As to whether the court should issue an order for retrial, she submitted that before the hearing date, the appellant failed to attend court even when the date was taken by consent.…

…On the hearing date, the appellant did not attend court and the trial magistrate noted that she was duly served and an affidavit of service was on record.…

…As to whether the court should issue an order for retrial, she submitted that before the hearing date, the appellant failed to attend court even when the date was taken by consent.…

…On the hearing date, the appellant did not attend court and the trial magistrate noted that she was duly served and an affidavit of service was on record.…

…Further, that the appeal was given a hearing date before directions were given. She urged that the appeal has high chances of success and that it is in the interest of justice that the Application be allowed.…

…He deposed that when the matter came up for hearing, the Judge was satisfied about service of the hearing notice and the issue cannot be revisited without reviewing the finding on service on the hearing date. hence proceeded…

…There is a more formidable excuse or reason for not turning up in court, viz that Mr Githuka, advocate, who had the conduct of the case for the applicants was taken ill on the night before the hearing date.…

…He, therefore, went to see a dentist on the morning of the hearing date with the result that he was not able to attend. That ground was given much later after this application had been filed.…

…The Motion, dated 29th August 2024, seeks an early hearing date for another, dated 5th August 2024, for stay of execution. 2.…

…C.A.S Mutai- SPM wherein the Appellant prayed for a hearing date and the Court issued directions that the same be listed on 30th July 2020, and the Appellant agreed with the Court. On 30th July 2020, Mr.…

…On that date the Plaintiff acting in person was not present in Court, thus the Court issued a fresh hearing date for 28th October 2021.…

…The appellant then sought for reinstatement of the suit which order was granted and a hearing date of 3/12/2019 given during which time advocate for the appellant and the 1st respondent were present and time was allocated…

…On the hearing date the an interim order of injunction was granted and the parties were given an interpartes hearing date for the application on the 23/10/2018 when the appellant failed to attend court and the application…

…Come the 18.3.24, the appellant’s advocate indicated to court that it had filed an additional list of documents which were served upon the respondent’s advocate on the eve of the hearing date.…

…respondent on the other hand submitted that the appellant was guilty of laches and that the trial magistrate could not be faulted for expunging documents which were filed without leave of the court and on the eve of the hearing…

…time; at the second mention, on the 23rd October 2023 the Appellant was still yet to file and requested a further two (2) days to file the same out of time, the Court yet again granted them leave to do so after which a Hearing…

…Date was then set for 15th November 2023; 21.…