COSMAS N.E. KATHUNGU V CO-OPERATIVE BANK OF KENYA LTD [2013] KEHC 3428 (KLR)
- Court
- High Court of Kenya
- Case number
- 3428
- Citation
- [2013] KEHC 3428 (KLR)
- Decided
- 14 May 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's Notice of Motion for dismissal due to want of prosecutionCoramH.I. ONG'UDI
Holding
The suit is dismissed against the Defendant for want of prosecution.
Facts
The Plaintiff filed a suit against the Defendant in 2006. The matter was last in court on November 24, 2009, where parties were given time to do discoveries and set a hearing date. Injunction orders were issued on April 18, 2010, but the matter was not heard within 12 months.
Issues
- Want of prosecution by the Plaintiff
- Lapse of injunction orders
Reasoning
The Plaintiff failed to take steps to have the matter heard and finalised, despite being given time for discoveries and a hearing date. The injunction orders issued on April 18, 2010, have lapsed due to non-compliance.
Outcome
Dismissal of the suit against the Defendant
Orders
- The suit is dismissed against the Defendant for want of prosecution
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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