PAUL NJOROGE NDUATI vs STEPHEN NDUATI NJOROGE [1998] KECA 189 (KLR)
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
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appeal, dismissed for want of appearance after counsel failed to return to argue it, should be reinstated under rule 90 of the Court of Appeal Rules
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
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- 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)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Technically the appeal was therefore dismissed for want of appearance.
There is acceptable evidence before us that the applicant was indisposed and so was his counsel briefed to appeal.
In the circumstances we order that this appeal be reinstated for hearing. There will be no order as to costs.
Issues in the judgment
#The judgment text contains a typographical garbling of a sentence, suggesting a corrupted copy of the original ruling.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "PAUL NJOROGE NDUATI vs STEPHEN NDUATI NJOROGE [1998] KECA 189 (KLR)", 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.