TWIGA CAR HIRE & TOURS LIMITED V BARCLAYS BANK OF (K) LTD & ANOTHER [2012] KEHC 481 (KLR)
- Court
- High Court of Kenya
- Case number
- 481
- Citation
- [2012] KEHC 481 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for dismissal of suit for want of prosecutionCoramL. NJAGI, MUTAVA
Holding
The suit will not be dismissed but will be ordered to be set down for hearing at the earliest available time.
Facts
The Plaintiff failed to set down the suit for hearing within three months after the close of pleadings and the Defendants counterclaimed, which was closely inter-twined with the Plaintiff's claim.
Issues
- Whether the delay in setting the suit for hearing is prolonged and inexcusable
- Whether justice can still be done to the parties despite the delay
Reasoning
The court considered the Plaintiff's excuse for the delay and found it satisfactory, and the nature of the case allowed for justice to be done despite the delay.
Outcome
The suit will not be dismissed but will be ordered to be set down for hearing at the earliest available time.
Orders
- The parties to take a hearing date at the Registry on priority basis
Remedies
- The Plaintiff will meet the costs of the application
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- IVITA v KYUMBU [1984] KLR 441
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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