NATIONAL BANK OF KENYA v NGAIPIAN ENTERPRISES & 2 OTHERS [2007] KEHC 3021 (KLR)
- Court
- High Court of Kenya
- Case number
- 3021
- Citation
- [2007] KEHC 3021 (KLR)
- Decided
- 27 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureNotice of Motion to set aside Summary JudgmentCoramJ.M. KHAMONI
Holding
The Notice of Motion is dismissed with costs to the Respondent/Plaintiff.
Facts
Summary Judgment was entered on 19th January, 2001, and the Judgment in question was delivered on 22nd November, 1999. The Notice of Motion was filed on 23rd January, 2007.
Issues
- whether the Notice of Motion is covered under Order XLIV Rule 1 of the Civil Procedure Rules
- whether there was too much delay in filing the Notice of Motion
- whether the applicants are entitled to a review under Order XLIV Rule 1 of the Civil Procedure Rules
- whether the Notice of Motion is frivolous, vexatious, and an abuse of the court's process
Reasoning
The proceedings, Judgment, and decree in this case are not covered under Order XLIV Rule 1 of the Civil Procedure Rules due to lack of proof of discovery of new and important matter. There was too much delay in filing the Notice of Motion. The applicants are not entitled to a review under Order XLIV Rule 1 of the Civil Procedure Rules. The Notice of Motion is frivolous, vexatious, and an abuse of the court's process.
Outcome
Dismissed with costs
Orders
- Notice of Motion dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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