RAKAI CLEARING & FORWARDING LTD V PRIME BANK LIMITED [2012] KEHC 2809 (KLR)
- Court
- High Court of Kenya
- Case number
- 2809
- Citation
- [2012] KEHC 2809 (KLR)
- Decided
- 26 July 2012
The court dismisses the application to strike out the plaint and dismiss the suit with costs, but orders the parties to file and serve their bundles of documents and list of issues within 30 days. If the plaintiff defaults, the plaint shall be struck out.
Facts
The plaintiff filed a suit seeking an injunction to preserve motor vehicles and an order for a proper taking of account to determine the amount due on an overdraft account. The court granted an injunction and ordered the sale of the vehicles, but only one vehicle was sold. The plaintiff and defendant agreed to appoint an independent auditor to resolve the issue of interest.
Issues
- Whether the plaintiff's second prayer is a reasonable cause of action.
- Whether the plaintiff's suit is frivolous, vexatious, without merit, or an abuse of the court process.
Reasoning
The court finds that the plaintiff's second prayer is not frivolous or without merit and has some chance of success. The court also notes the plaintiff's dilatory behavior in prosecuting the claim.
Outcome
Defendant's application dismissed with costs to the plaintiff.
Orders
- Order the parties to file and serve their bundles of documents and list of issues within 30 days.
- Order the parties to take a hearing date.
- Order the plaint to be struck out if the plaintiff defaults.
Authorities cited
Cases cited (1)
- DT Dobie & Company (K) Ltd. Vs Joseph Mbana Muchina & Ano. [1982] KLR
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