REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CIVIL APPEAL NO. 21 OF 2017 BETWEEN ROBINA KEMUNTO MOSOTI...............................APPELLANT AND NYAMACHE TEA FACTORY.......................1ST RESPONDENT ITUMBE TEA FACTORY..............................2ND RESPONDENT (An Appeal arising from the Ruling and Order dated 8.3.2017 in Ogembo SRMCC NO. 72 of 2011 by Hon. Naomi Wairimu PM) JUDGMENT This is an appeal from the ruling and order of the trial court dismissing the appellant’s Notice of Motion dated 8 th March 2017 seeking to reinstate a suit that had been dismissed for non-attendance of both parties on 30 th November 2016. Both parties agree that the trial magistrate improperly exercised her discretion. I therefore allow the appeal. I order the suit re-instated. As both parties are to blame for what happened, I make no order as to costs. D.S MAJANJA , J 18/6/2018 Court: Judgment read and delivered in open court. D.S MAJANJA, J 18/6/2018
Original judgment
Robina Kemunto Mosoti v Nyamache Tea Factory & 1 other
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