Rojeh v Ondeyo [2024] KEHC 10772 (KLR)

Rojeh v Ondeyo (Civil Appeal E194 of 2023) [2024] KEHC 10772 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEHC 10772 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal E194 of 2023

MS Shariff, J

September 17, 2024

Between

George Rojeh

Appellant

and

Caroline Nangai Ondeyo

Respondent

Ruling

1. I have considered the notice of motion dated 11. 5.2024, the supporting affidavit sworn by Maureen Tesot on even date. I have also considered the oral submissions of the Applicant’s Counsel and the fact that there is no opposition to this application.

2. I do note the reason advanced for the failure of Ms. Tesot to attend court was a power failure in their chambers and I am persuaded by that reason wherefore I allow this application and the orders made herein on 30. 4.2024 are hereby set aside and the appeal herein is duly reinstated.

3. The Appellant is hereby directed to file and serve his written submissions within 14 days from the date hereof and the Respondent to so within 25 days from the date hereof.

4. Mention on 17. 10. 2024 to confirm compliance.

5. Notice of these directions to be served upon the Respondent by the Appellant.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE