KENYA COMMERCIAL BANK v DAVID GACHUIGA & 2 others [2008] KEHC 2270 (KLR)
- Court
- High Court of Kenya
- Case number
- 2270
- Citation
- [2008] KEHC 2270 (KLR)
- Decided
- 30 June 2008
The plaintiff's application is merited, and the 2nd defendant's application is dismissed for want of prosecution.
Facts
A judgment was entered against the 2nd defendant on 19th July 1996. The 2nd defendant filed an application by way of Chamber Summons dated 29th November 1999, which was granted a temporary stay of execution until 9th February 2000. The application was opposed by the 2nd defendant, and the plaintiff sought dismissal of the application for want of prosecution.
Issues
- Whether the plaintiff's application for dismissal of the 2nd defendant's application dated 29th November 1999 is merited.
- Whether the 2nd defendant's application is res judicata based on the court's ruling dated 18th July 2007.
Reasoning
The court found that the 2nd defendant failed to fix the application for hearing since November 1999, and the application was not res judicata as the proceedings before the court were different.
Outcome
The 2nd defendant's application is dismissed for want of prosecution.
Orders
- The 2nd defendant's Chamber summons dated 29th November 1999 is hereby dismissed for want of prosecution.
- The cost of the application dated 29th November 1999 and of the notice of motion dated 28th January 2008 are hereby granted to the plaintiff as against the 2nd defendant.
Remedies
- Dismissal of the 2nd defendant's application for want of prosecution.
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