The court found that the appellant and his counsel failed to attend court to answer the notice to show cause and did not provide credible or sufficient evidence to justify their absence. The explanation that counsel was engaged in another court was unsupported by any documentary evidence, such as a cause list or affidavit from the alleged pupil. The court held that the reason advanced was not plausible and that, in this instance, the appellant must bear the consequences of his counsel's mistake. The application to set aside the dismissal order was therefore without merit and was dismissed with costs to the respondent.