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…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.…

…date in respect of this appeal (C.A.…

…On the same day a hearing date for this appeal was by consent fixed for 21st and 22nd October, 1998 at 9:30 a.m. Mr.…

…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.…

…On the hearing date, the appellant was absent and unrepresented. That is an incurable irregularity.…

…Thereafter the suit became ripe for hearing but no date for that purpose appears to have been fixed.…

…I further recommend to the Deputy Registrar that he makes every effort to have this case urgently listed in next year’s call over list for fixing a hearing date.…

…date of a formal proof of Mwotia’s counter-claim.…

…date and so forth.…

…The court made the order asked for and the plaintiff’s suit was dismissed even though the particulars had been supplied before the hearing date of the defendant’s application, and notwithstanding also the plaintiff’s offer…

…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…

…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 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,…

…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 hearing date was fixed during an annual call over which was held between 11th and 14th January, 1989. The applicants/defendants were not represented during the call over.…

…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 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,…

…After the close of the prosecution case, the trial magistrate was transferred from Kiambu to Nyeri and after further adjournments and mentions, a hearing date was set for June 18, 1984, nearly one whole year since the trial…

…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.…