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NESTLE MILKPAK LIMITED versus ALLIED ENTERPRISES


AIX, R 4 and Section 151 Exclude Case for Illegal Prosecution The application for reinstatement, along with the lawyer's affidavit filed the next day, claimed that the lawyer erroneously stated the date of the hearing. The hearing was dismissed by the trial court. Extreme action has been taken to restore the case for a mere one-day absence when the plaintiff's counsel's affidavit explained such a failure in which the High Court reversed the order. The trial was remanded for further proceedings on merit.

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