REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CIVIL APPEAL NO. 200 OF 2011 BETWEEN EUNICE AUMA ODERA.............................1ST APPELLANT PETER ODERA WADEYA..........................2ND APPELLANT JAIRUS OGOLA OWITI............................3RD APPELLANT EVANS OMONDI ODHIAMBO..................4TH APPELLANT PAUL MISEH................................................5TH APPELLANT AND MIGORI TEACHERS’ SAVINGS & CREDIT CO-OPERATIVE SOCIETY LIMITED..........RESPONDENT (Being an Appeal from the Judgment and Decree of the Honourable Chairman Co-operative Tribunal Mrs. A.N Ongeri sitting at Nairobi on the 13th day of September 2011 in Nairobi Co-operative Tribunal Appeal No. 7 of 2010) RULING The application before me is the Notice of Motion dated 25 th September 2017 seeking to set aside the dismissal order made on 25 th September 2017. I have considered the grounds and I am inclined to allow the application as the explanation given by the appellants is plausible. They state that in response to the notice they arrived late and that it is on the same day they filed the record of appeal. The Notice of Motion to set aside was filed on the next day. I do not think that the respondent will suffer prejudice as this will be resolved by an award of costs. I therefore allow the Notice of Motion dated 25 th September 2017 and reinstate the appeal for hearing. The appellants shall pay the respondent cots of Kshs.10,000/= within 14 days. Mention on 17.07.2018 before Court No.1 for directions. D.S MAJANJA , J 26/6/2018 Court: Ruling read and delivered in open court.
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