REPUBLIC OF KENYA IN THE HIGH COURTOF KENYA AT MERU CIVIL APPEAL NO. 89 OF 2017 CORAM: D. S. MAJANJA J. BETWEEN CHORUI M’NABEA ALIAS ANTERENA SOROI.....APPELLANT AND JOSHUA MITHEKA.............................................1ST RESPONDENT MARTIN MWENDA.............................................2ND RESPONDENT (Being an appeal from the Ruling and Orderof Hon. L. Ambasi, CM dated 14th September 2017 at the Chief Magistrates Court at Meru in Civil Case No. 27 of 2010) JUDGMENT This appeal is against an order made by the trial magistrate on 14 th September 2017 dismissing the appellant’s application to set aside a dismissal order made on 22nd August 2017. It is apparent from the record that the application was dismissed ex-parte without affording the appellant’s advocate to be heard on the same. This constitutes a wrongful exercise of discretion. Accordingly, this appeal is allowed. The order of 14th September 2017 is set aside and the application dated 12 th September 2017 is reinstated for hearing. It shall be heard by any other magistrate other than Hon. L. Ambasi, CM. There shall be no orders as to costs. DATED and DELIVERED at KISUMU this 30th day of May 2018. D.S. MAJANJA JUDGE Mr Ariithi instructed by Kiogora Ariithi and Associates Advocates for the appellant. Njeru Ithiga & Company Advocates for the respondents.
Original judgment
Chorui M’nabea Alias Anterena Soroi v Joshua Mitheka & 1 other
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