Trust Bank Limited v First American Bank Ltd & 2 others [2005] KEHC 2428 (KLR)
- Court
- High Court of Kenya
- Case number
- 2428
- Citation
- [2005] KEHC 2428 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramH. P. G. WAWERU
Holding
The application for dismissal of the Plaintiff's suit is refused.
Facts
Pleadings closed in 2001. Plaintiff filed an appeal against an order refusing to stay other suits. Plaintiff did not set the suit down for hearing.
Issues
- Whether the Plaintiff's suit should be dismissed for want of prosecution.
- Whether the Plaintiff's delay was due to the Plaintiff's lack of interest or the pending appeal.
Reasoning
The court refused the application for dismissal, stating that the Plaintiff's delay was due to the pending appeal and that the court will determine the issues upon a proper hearing.
Outcome
The application for dismissal of the Plaintiff's suit is refused.
Orders
- The suit is scheduled to be heard on 25th July, 2005.
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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