Paul Njoroge Nduati v Stephen Nduati Njoroge
The bottom line
#Kenya's Court of Appeal reinstated an appeal dismissed when a sick lawyer missed the hearing, showing courts will restore cases with genuine reasons.
What this practically means
#Executive summary
#Key legal issues
#Reinstatement of an appeal dismissed for want of appearance
The court reinstated the appeal under rule 90 on the basis of acceptable evidence of indisposition of both the applicant and his counsel.
The appeal had been technically dismissed because counsel, though present and granted an adjournment request which was refused, did not return after half an hour to argue the appeal. The court found acceptable evidence that the applicant was indisposed and so was his counsel, and in those circumstances exercised its discretion under rule 90 to reinstate the appeal for hearing, with no order as to costs.
Legal principles established
#- An appeal dismissed for want of appearance may be reinstated under rule 90 where there is acceptable evidence that the applicant and his counsel were indisposed, and the court may reinstate without costs.
Court orders
#- 1.The appeal dismissed for want of appearance is reinstated for hearing
- 2.No order as to costs
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.A. No. 75 of 1987
- Jurisdiction invoked
- Rule 90 of the Court of Appeal Rules (inherent application rules of the Court of Appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Njoroge Nduati v Stephen Nduati Njoroge", Case Analysis (1998). Civil Appeal (Application) No. 60 of 1995. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/189/eng@1998-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.