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…The application before the Superior Court was for an order that the dismissal of the suit in the Superior Court for want of prosecution be set aside.…

…The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.…

…This is an application by Messrs A Y A Jiwaji & Jiwaji who are now acting for the defendant for dismissal of this suit for want of prosecution.…

…Chohan applied for the dismissal of the suit with costs. The defendants did not admit any part of the claim against them and so I was left with no alternative but to dismiss the claim for lack of evidence.…

…The application was supported by the affidavit of John Macharia Muhuni, counsel who had the conduct of the suit at the time of its dismissal and whom Mr Kabuki held his brief then and on the day before that.…

…In the course of his evidence he vehemently denied or rejected the defence’s contention that his conduct had eminently justified the dismissal and that he can not be entitled to any of redress sought.…

…In more specific terms it is common ground that the dismissal culminated from an inquiry by a committee which had been set up to inquire into an allegation that the plaintiff had received bribes from potential candidates…

…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…

…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…

…The plaintiff’s claim relates to alleged wrongful summary dismissal from his employment by the defendants.…

…He instituted the suit for general damages for that alleged dismissal in addition to other reliefs which are listed in the plaint.…

…DEFENDANT J U D G M E N T The Plaintiff, Jane Wanja Mwangi, filed this suit against the Defendant, Nairobi City Commission praying for Judgment for " (a) Damages for wrongful dismissal, defamation and other benefits (b) Costs…

…In the process therefore the Plaintiff's dismissal was unlawful. Having come to that conclusion, I do not think I need to be specific about compulsory leave, interdiction and suspension.…

…Consequently, he argued, his dismissal was wrongful as entitles him to damages. He does not think the allegations which the defendant relied upon to dismiss him had any basis.…

…The plaintiff now contends that his dismissal has caused him loss and damage.…

…The latter doctrine does not give immunity in transaction of a commercial nature” The second defendant has now filed an application asking the Court to review its dismissal order on the grounds inter alia that the order contains…

…That order deals with the setting aside of judgment entered in default of attendance on the date of hearing or the dismissal of a suit for the same reason.…

…I also note that no such a request may have been made following Judge Cockar’s dismissal of the application to set aside the award in the Probate and Administration Cause No. 342 of 1987.…

…His list of authorities cited the case of Mukisa Biscuit Manufacturing Co Ltd Vs West End Distributors Ltd [1969] EA 696 A case dealing with the dismissal of the suit and the courts inherent jurisdiction.…

…If the court allowed the Plaintiff’s application it would amount to a summary dismissal of the counter claim which would be a legal absurdity.…

…The defendants therefore pray for the dismissal of the plaintiff’s suits. The two plaintiffs and another man called Abdi Mohamed were employed by one Galgalo Boru as herdsmen.…

…portion No 1022 is the sole property of the defendant and there is no trust or beneficial interest in the suit property and it is an attempt to disinherit the defendant of his rightful share under customary law and prayed for dismissal…