Alcon Holdings Ltd v Delphis Bank Limited & another [2006] KEHC 2490 (KLR)
- Court
- High Court of Kenya
- Case number
- 2490
- Citation
- [2006] KEHC 2490 (KLR)
- Decided
- 25 May 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to dismiss for want of prosecutionCoramP. J. RANSLEY
Holding
The Plaintiff is ordered to set the suit down for hearing within 14 days from today, otherwise the suit will stand dismissed.
Facts
The Plaintiff failed to take any steps to prosecute the suit for a period of seven months, and the subject matter of the suit has been disposed of.
Issues
- Whether the Plaintiff has abandoned the suit due to the failure to set the suit down for hearing
- Whether the Plaintiff has no interest in proceeding with the matter
Reasoning
The court found that the Plaintiff's failure to set the suit down for hearing was not inordinate and that the Plaintiff had not abandoned the suit.
Outcome
The suit will stand dismissed if the Plaintiff does not set it down for hearing within 14 days.
Orders
- The Plaintiff is ordered to set the suit down for hearing within 14 days from today.
- The applicant will have the costs.
Remedies
- The Plaintiff is ordered to set the suit down for hearing within 14 days from today.
- The suit will stand dismissed if the Plaintiff does not set it down for hearing within 14 days.
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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