What remedies the party has under the following;

1. Appellant who has filed his appeal at the High Court and the Appeal is dismissed for want of prosecution?

When the appeal is dismissed by the High Court for Want of Prosecution, the appellant is entitled under Orde XXXIX, r.19 to apply to the Court for the readmission of the appeal. 

Note: Where it is proved that the appellant was prevented by sufficient cause from appearing when the appeal was called on for hearing, the Court shall readmit the appeal on such terms as to costs or otherwise as it thinks’ fit. 

The appellant has the same remedy where the appeal is dismissed under Order XXXIX rule 18 for failure to deposit within the fixed period, the sum required to defray the cost of serving the notice to the Respondent. However, this rule will apply where failure by Appellant has resulted into non-appearance of Respondent when the appeal is called on for hearing.

2. A judgment is entered ex-parte after Defendant failed to appear on the day fixed for filing a defence.

When the judgment is entered ex-parte after Defendant’s failure to file defence, the Defendant may apply to the Court by which the Decree was passed for an Order to set aside ex-parte Decree. See Order IX, Rule 13(1) of Civil Procedure Act. This rule applies only where the defendant fails to appear on the day fixed for filing defence under Order. IX rule. 6(ii)A of Civil Procedure Act. 

3. The Defendant fails to appear on the date the suit is set for hearing and Plaintiff is given judgment in his favour. 

When the Defendant fails to appear on the date the suit is set for hearing and Plaintiff given the judgment in his favour, such a Defendant may apply under Order IX, Rule 13(2) of the Civil Procedure Act for Order to set aside or vary such judgment. 

Note: Application must be made under 6 weeks from the date of judgment.

4. On the date set for hearing the suit is dismissed on grounds that both parties failed to appear.

When the suit is dismissed for failure of neither party to appear where the suit is called on for hearing, the Plaintiff may apply under Order IX Rule 4 of Civil Procedure Act for an Order to set a dismissal aside also a Plaintiff may; subject to Law of Limitation, institute a fresh suit, see Order IX, Rule 4 of Civil Procedure Act.