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…However, counsel then holding brief for the appellant’s counsel, Miss Mwangi, asked for an adjournment as Mr Ghadialy was engaged elsewhere and pointed out significantly, that the suit had been stayed by consent of both parties…

…Mr Ghadialy then sought an adjournment to enable him to file a defence which he had not been required to file in view of the fact that stay of proceedings had been ordered by consent within the context of section 6 of the…

…It does not appear the matter had been mentioned on March 13, 1984 but when the matter came up the advocate for appellants asked for an adjournment to April 17, 1984.…

…On April 10, 1985, the appellants appeared in person when the three motions were adjourned to be heard on April 19, 1985.…

…He should have done, if only to ask for an adjournment, if necessary, when it began to turn into a formal proof exercise.…