PAUL MUHORO KIHARA vs BARCLAYS BANK (K) LIMITED [2004] KEHC 2115 (KLR)
- Court
- High Court of Kenya
- Case number
- 2115
- Citation
- [2004] KEHC 2115 (KLR)
- Decided
- 15 October 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to dismiss the Plaintiff's suit for want of prosecution.CoramCheson, Emukule, Mr. Ringera, Ringera
Holding
The suit against the Defendant be dismissed for want of prosecution.
Facts
The Plaintiff filed the suit on 3rd September, 1998, but it was transferred to the Commercial Division and allocated the present number. The suit is nearly 6 years old. The Plaintiff had sought a temporary injunction which was dismissed on 6th February 2001. The Plaintiff has not set down the suit for hearing.
Issues
- Whether the suit should be dismissed for want of prosecution.
- Whether the Plaintiff's delay in prosecuting the suit is excusable.
Reasoning
The Court found that the Plaintiff's delay in prosecuting the suit was inexcusable, given the 6-year delay and the fact that the Plaintiff had previously sought a temporary injunction which was dismissed.
Outcome
Dismissal of the suit.
Orders
- The suit against the Defendant be dismissed for want of prosecution.
Authorities cited
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd –v- West End Distributor Ltd (l969) E.A. 696
- Fitzpatrick –v- Batger & Co. Ltd ( l967) 2 ALL E.R. 657
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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