NATIONAL BANK OF KENYA LTD V MARGARET ATIENO NDOLO [2008] KEHC 3564 (KLR)
- Court
- High Court of Kenya
- Case number
- 3564
- Citation
- [2008] KEHC 3564 (KLR)
- Decided
- 30 April 2008
AI Summary
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TypeCivil SuitPostureAppeal from a dismissal for want of prosecutionCoramJ. R. KARANJA
Holding
The suit is hereby struck out and dismissed with costs to the plaintiff
Facts
The plaintiff, National Bank of Kenya Limited, filed a suit against the defendant, Margaret Atieno Ndolo, for a claim of KSh.4,081,286/10 cts. arising from a loan and/or overdraft facility. The defendant denied the claim and filed a statement of defence. The matter was transferred to the High Court at Kisumu and later adjourned several times.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the suit is an abuse of the court process
Reasoning
The plaintiff did not attend the hearing of the application and did not provide an explanation for the delay. The court found that the plaintiff's pleading is an abuse of the court process due to the omission of vital details.
Outcome
Appeal dismissed
Orders
- The suit is hereby struck out and dismissed with costs to the plaintiff
Authorities cited
Cases cited (2)
- Order XVI Rule 5 of the Civil Procedure Rules
- IVITA Vs. KYUMBU [1984] KLR 441
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