Republic v Kenya Revenue Authority Ex- Parte Fintel Limited [2012] KEHC 5700 (KLR)
- Court
- High Court of Kenya
- Case number
- 5700
- Citation
- [2012] KEHC 5700 (KLR)
- Decided
- 26 July 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureAppeal from dismissal of suit for want of prosecutionCoramD.S. MAJAN
Holding
The dismissal order made on February 16, 2012, is set aside, and the Notice of Motion dated January 13, 2005, is reinstated for hearing.
Facts
The applicant, Fintel Limited, sought to set aside the dismissal orders given on February 16, 2012, dismissing the suit for want of prosecution.
Issues
- Reinstatement of the suit
- Terms for reinstatement of the matter
Reasoning
The court reinstates the matter due to the applicant's tardiness in prosecuting the case, but imposes terms for reinstatement.
Outcome
The dismissal order is set aside, and the matter is reinstated for hearing.
Orders
- The dismissal order made on 16th February 2012 be and is hereby set aside
- The Notice of Motion dated 13th January 2005 shall be reinstated for hearing
- The ex-parte applicant shall furnish a bankers guarantee in favour of the respondent from a reputable bank in the sum of Kshs.2.5 million within 14 days from the date hereof whereupon the applicants bank account shall be enfrozen
- If the order (2) is not complied with, the Notice of Motion shall stand dismissed
- The Notice of Motion dated 13th January 2005 shall be heard on 24th September 2012. Parties to file and exchange written submissions.
Remedies
- Reinstatement of the suit
- Bankers guarantee
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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