The court found that although the appellant's advocates were negligent in failing to diarise the hearing date and comply with directions to file submissions, the appellant should not be penalised for counsel's mistake. The court emphasised the importance of hearing cases on their merits and the constitutional right to a fair trial. The respondent did not demonstrate any specific prejudice that would result from reinstatement of the appeal. However, to balance the inconvenience caused to the respondent, the court ordered the appellant to pay throw away costs. The court exercised its discretion to set aside the dismissal order, allowing the appeal to be reinstated subject to payment of costs, and directed the parties on the next procedural steps.