ADVOKS GLOBAL · KENYA
The Court of Appeal Rules
105. Appearances at hearing and procedure on non-appearance
Edition: 2022-12-31 · In force
105. Appearances at hearing and procedure on non-appearance
(1)If, on any day fixed for the hearing of an appeal, the appellant does not appear, the appeal may be dismissed and any cross- appeal may proceed, unless the Court deems fit to adjourn the hearing and, in such instance, may order the appellant to pay court adjournment fees and costs to the other parties present:Provided that where an appeal has been so dismissed or any cross-appeal so heard has been allowed, the appellant may apply to the Court to restore the appeal for hearing or to re-hear the cross-appeal, if he or she can show that he or she was prevented by any sufficient cause from appearing when the appeal was called on for hearing.(2)If the appellant appears and the respondent fails to appear, the appeal shall proceed in the absence of the respondent and any cross- appeal may be dismissed, unless the Court deems fit to adjourn the hearing and, in such instance, may order the respondent to pay court adjournment fees in accordance with the Third Schedule and costs to the other parties present:Provided that where an appeal has been allowed or cross-appeal dismissed in the absence of the respondent, the respondent may apply to the Court to re-hear the appeal or to restore the cross-appeal for hearing, if he or she can show that he or she was prevented by any sufficient cause from appearing when the appeal was called on for hearing.(3)An application for restoration under the proviso to subrule (1) or the proviso to subrule (2) shall be made within thirty days after the decision of the Court or, in the case of a party who should have been served with notice of the hearing but was not so served, within thirty days after his or her first hearing of that decision.(4)For the purposes of this rule, a party who has lodged a statement under rule 100 shall be deemed to have appeared.