Karite v Consolidated Bank of Kenya [2005] KEHC 2924 (KLR)
- Court
- High Court of Kenya
- Case number
- 2924
- Citation
- [2005] KEHC 2924 (KLR)
- Decided
- 18 March 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside order of dismissal for want of prosecutionCoramH. M. OKWENGU
Holding
The order of dismissal for want of prosecution is set aside, and the Plaintiff is granted another opportunity to prosecute his suit within 3 months.
Facts
The Plaintiff/Applicant's suit was dismissed by the court on its own motion on 22nd June 2001 for want of prosecution. The Plaintiff blames the advocate Mr. T. T. M. Aswani for failing to prosecute the suit.
Issues
- Setting aside the order of dismissal for want of prosecution
- Granting the Plaintiff another opportunity to prosecute his suit
Reasoning
The court granted the Plaintiff's application to set aside the order of dismissal for want of prosecution, given that the Plaintiff has engaged another advocate and the Defendant did not attend the hearing.
Outcome
The order of dismissal for want of prosecution is set aside.
Orders
- Granting the Plaintiff another opportunity to prosecute his suit within 3 months
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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