PATRICK KARIMI WAIRAGU T/A THIGI GENERAL STORES v BARCLAYS BANK OF KENYA [2009] KEHC 3554 (KLR)
- Court
- High Court of Kenya
- Case number
- 3554
- Citation
- [2009] KEHC 3554 (KLR)
- Decided
- 6 March 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside an order dismissing an application for an injunctionCoramP.M. MWILU, J.W. LESIIT
Holding
The application is dismissed with costs
Facts
The plaintiff filed a suit on June 20, 2006, seeking an injunction to restrain the defendant from exercising its power of sale. The suit was dismissed on February 12, 2008, for non-attendance at court. The plaintiff sought to reinstate the application.
Issues
- Whether the plaintiff's application to set aside the dismissal of the suit for non-attendance is valid
- Whether the plaintiff's absence from court was excusable
Reasoning
The court found that the plaintiff's absence from court was not excusable and that the plaintiff did not show a defense to the claim or that he would suffer prejudice if the application was dismissed.
Outcome
Dismissed with costs
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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