SHIGOG INVESTMENTS LIMITED vs NATIONAL BANK OF KENYA LIMITED & 3 OTHERS [2002] KEHC 608 (KLR)
- Court
- High Court of Kenya
- Case number
- 608
- Citation
- [2002] KEHC 608 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for dismissal of suit for want of prosecutionCoramJ. KHAMINWA, COMMISSIONER OF ASSIZE
Holding
The application is allowed, and orders are granted as prayed with costs.
Facts
The plaintiff, Shigog Investments Limited, initiated a suit against the first defendant, National Bank of Kenya Limited, and two other defendants, Kenya Revenue Authority and Commissioner of Customs & Excise, for irregularly releasing a sum of money, jeopardizing the plaintiff's ownership of charged property. The suit was brought under Order XVI rule 5(a).
Issues
- Want of prosecution
- Advisory of counsel
- Capacity of the first defendant as trustee
Reasoning
The court found that the allegations against the applicant have never been determined, and the suit has not been prosecuted within the prescribed time.
Outcome
Application allowed
Orders
- Orders are granted as prayed with costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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