The School Management Committee of Sibiyirise Primary School v Adong & Another (Civil Appeal 49 of 2006)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court dismissed a civil appeal under Order 43 rule 1(1) of the Civil Procedure Rules where the appellant and counsel failed to appear for the scheduled hearing despite being properly served. The court noted that the appeal record was incomplete and awarded costs to the respondents who were present in court.

Outcome

Appeal dismissed for non-appearance of appellant

Facts

This was a civil appeal arising from High Court Criminal Revision No. 0012 of 2003 and Busia Civil Suit No. 38 of 2003. The appellant was the School Management Committee of Sibiyirise Primary School, appealing against Adongo Roseline Luhoni and Luhoni Andrew. The appeal was supposedly filed on 17 July 2006 but the appeal document itself was not on the court file. M/s Okwalanga & Co. Advocates filed notice of change of advocates on 19 February 2008. On the scheduled hearing date of 28 October 2008, the appellant and counsel were properly served but failed to appear by 11:15 a.m., while the second respondent and counsel for both respondents were present in court.

Issues

1. Whether an appeal should be dismissed where the appellant and counsel fail to appear for hearing despite proper service

Orders

• Appeal dismissed under Order 43 rule 1(1) of the Civil Procedure Rules.
• Costs awarded to the respondents.

Legislation cited (1)

• Civil Procedure Rules O.43 r.1(1)

The original judgment as reported. Read the original PDF before relying on any passage.