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…The Application is supported by an affidavit sworn by Wilfred Nyamu, an advocate of the High Court of Kenya and seized with the conduct of the matter on behalf of the Petitioner. 3.…

…Nyamu was unavailable and the advocate he had instructed to hold his brief had several matters that had earlier been listed before other Courts, and he had therefore been late to attend to this matter before this Court. 5…

…The appellant claimed, by his plaint, that the second respondent (who was served but failed to enter appearance as a result of which judgment was entered against him as prayed on the application of the advocate for the plaintiff…

…Karuri in turn filed suit against Ndoo and his employee, Kituo, the bus driver, for damages arising out of Kituo’s negligence but later, Karuri’s advocate withdrew it for reasons which were not vouchsafed to this court.…

…Chief Justice were also in accord with the spirit of the provisions of section359 (2) of the Criminal Procedure Code (Cap 75), and section69 of the Civil Procedure Act (Cap 21), to which may be added section68 (2) of the Advocates…