PHILIP WAMBUA MASILA v BARCLAYS BANK OF KENYA LIMITED [2008] KEHC 1706 (KLR)
- Court
- High Court of Kenya
- Case number
- 1706
- Citation
- [2008] KEHC 1706 (KLR)
- Decided
- 27 June 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant seeks dismissal of Plaintiff's suit for want of prosecution.CoramLESIIT, J.
Holding
The Plaintiff's suit is hereby dismissed for want of prosecution, with costs of the application and of the suit to the Defendant.
Facts
The Plaintiff's application for injunction was dismissed on September 15, 2003, and the suit property was sold and transferred to other parties who are not parties to this suit. Pleadings were closed on June 10, 2004.
Issues
- Whether the Plaintiff has taken steps to fix the matter for hearing.
- Whether the Plaintiff has taken steps to file the suit for hearing.
- Whether the undue delay in setting the matter for hearing has caused undue prejudice to the Defendant.
Reasoning
The Plaintiff has taken no steps to have the suit set down for hearing since 2004, and the suit property was sold and transferred to other parties who are not parties to this suit. The Plaintiff has lost interest in the matter.
Outcome
Dismissal of the Plaintiff's suit for want of prosecution.
Orders
- The Plaintiff's suit is hereby dismissed for want of prosecution.
- Costs of the application and of the suit to the Defendant.
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.
Loading judgment…