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…The Respondent followed up the payment with an application before court.…

…The Applicant made various applications before this court (Chemitei, J).…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…Chunga, for the Republic, vigourously opposed the application. The Chief Magistrate ordered that:- a. The appellant be allowed to go out of the jurisdiction of the court. And b.…

…Be that as it may, a formal application for revision was duly filed by the Republic and the appellant in turn also filed a formal application seeking the setting aside of the ex-parte order to which we have made reference…

…The applicant who was aggrieved by the said order then filed an application to this Court seeking to have the said orders revised.…

…He seeks to challenge the application on a number of grounds as shown in his chamber summons dated 26th of October, 1992. Those grounds are:- 1.…

…against the weight of evidence and the judge is satisfied the evidence is sufficient and that there is no material raising a reasonable doubt that the conviction was right, he may summarily dismiss the appeal” And in that application…

…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…