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…We are concerned at the absence of a representative from the office of the Attorney General although that office was notified of the hearing date, for this appeal, on 11th August, 1999.…

…It does not appear that the advocate informed his client of the hearing date.…

…The same parties were the defendant and plaintiff, respectively, in the court of the resident magistrate and the respondent obtained a hearing date from the magistrate’s clerks and served a hearing notice upon the advocate…

…Munene, for the respondent, contended that the applicants have not come to court in good faith as they failed to appear during the hearing and yet they had been aware of the hearing date.…

…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…

…We have also considered their oral submissions to this Court, in the course of which the second appellant drew to our attention that on the August 23, 1984, the date of the hearing of their applications before Bhandari J,…

…The motion was fixed for hearing on 17th November, 1993, but on account of some confusion of the hearing date on the part of the Corporation’s advocates the hearing could not proceed on that date.…

…Thereafter instead of fixing the hearing date of this motion which had been filed under a certificate of urgency, M/S Khaminwa & Khaminwa, fixed it for mention on 5th October, 1994, which was almost a year after the filing…

…sale by auction could have been postponed by the learned judge and the auctioneer told to do so, to a date far enough ahead to give the respondents time to serve the appellant in Nairobi with the papers and for an early hearing…

…date to be fixed for the hearing of the summons.…

…The question is: can a plaintiff whose suit has been dismissed under rule 4 for failure to attend court on the hearing date apply for the order dismissing the suit to be set aside under order IXB rule 8?…

…Onyango is recorded to have stated as follows: “This hearing date was taken by consent of the parties. This morning I saw the Plaintiff in court.…

…The Registrar of the High Court is ordered to give the parties a hearing date on a priority basis. Dated and Delivered at Nairobi this 8th day of March 1994. J.E.GICHERU ....................................…