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…The suit came up for hearing before a District Magistrate III. The appellant raised a preliminary objection that the suit was time - barred. This was upheld and the suit dismissed.…

…On hearing day 19.5.94, Mr. Muthusi appeared for Dr. Mutunga and applied for an adjournment. This was refused on grounds recorded, and the appeal was dismissed.…

…Thereafter, the Tribunal file got lost and the appeal could not be processed for hearing.…

…By a ruling dated 11th June, 2004, the superior court ordered that the dispute be taken back to the Tribunal for hearing de novo and that the appeal be marked as withdrawn with each party bearing its own costs.…

…There is inherent power to restore a case for hearing after it has been dismissed under order 16 rule 6. 2.…

…It follows from this quotation that there is an inherent power to restore a case for hearing after it has been dismissed under order 16, r 6.…

…In the first of them, Lovelock v Margo [1963] 2 ALL ER, 13 the court rejected further reasons advanced at the hearing for refusing consent to the assignment, and held that the reason given at the time of the refusal amounted…

…last two authorities assist the respondents case here, for it is in dispute on the affidavits that there ever was a refusal of consent, or even an opportunity to refuse it, and the only reason given was advanced at the hearing…

…In addition to the above aspect, there is the issue whether or not the applicant is entitled to stay of execution pending the hearing and determination of an appeal.…

…At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…

…judge in assessing general damages failed to appreciate or to consider the fact that although the loss of one eye by itself would not be regarded as so serious an injury as the loss of one hand or one leg or the loss of hearing…

…in one ear, the loss of sight in both eyes would be a lot more serious than the loss of two legs or two hands or the total loss of hearing, and he should have awarded damages in the light of awards for such injuries.…

…judge in assessing general damages failed to appreciate or to consider the fact that although the loss of one eye by itself would not be regarded as so serious an injury as the loss of one hand or one leg or the loss of hearing…

…in one ear, the loss of sight in both eyes would be a lot more serious than the loss of two legs or two hands or the total loss of hearing, and he should have awarded damages in the light of awards for such injuries.…

…inter-meddling, committing waste and or entering Plot No. 759/11 Ndagani, Plot No. 053/053 (market stall) Chuka, Plot No. 054/054 (market stall) Chuka, KARINGANI/NDAGANI/763, KARINGANI/NDAGANI/716 and MWANJATI/MARIANI/4779 pending hearing…

…The suit should be set down for hearing.”…