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ERIC KIBET KOROS BOMET & another v NATIONAL BANK OF KENYA LTD & another [2010] KEHC 409 (KLR)

[2010] KEHC 409 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
409
Citation
[2010] KEHC 409 (KLR)
Decided
29 July 2010
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramL. NJAGI
Holding

The application for the dismissal of the suit is struck out with leave to the Applicant to file an appropriate application for costs.

Facts

The suit was last heard on 5th March, 2003, when the Plaintiffs' injunction application was dismissed. Since then, the Plaintiffs have not taken any action to prosecute the suit.

Issues

  1. Application for dismissal of suit for want of prosecution
  2. Withdrawal and discontinuance of the suit

Reasoning

The suit has been withdrawn and discontinued, and the application for dismissal is therefore not valid.

Outcome

Application dismissed

Orders

  • Application for dismissal of suit for want of prosecution is struck out with leave to file an appropriate application for 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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