Kaniki Karisa Kaniki v Commercial Bank Limited & 2 others [2014] KEHC 1890 (KLR)
- Court
- High Court of Kenya
- Case number
- 1890
- Citation
- [2014] KEHC 1890 (KLR)
- Decided
- 6 November 2014
The application for dismissal of the suit for want of prosecution is dismissed, but the plaintiff is required to fix the case for hearing within a limited time. If not, the suit will stand as dismissed.
Facts
The plaintiff filed a suit seeking orders that the sale of his property by the defendants to a third party was nullity, and other relief. The defendants filed an interlocutory application for injunction which was granted. The case was dormant for several years until it was revived.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the defendants are prejudiced by the delay
Reasoning
The court found that the plaintiff did not entirely fail to move the case forward, and the defendants did not show how they would be prejudiced by the delay. The court balanced the interests of the parties and dismissed the application.
Outcome
Application dismissed, but suit stands as dismissed if not fixed for hearing within a limited time
Orders
- Notice of Motion dismissed
- Plaintiff to fix case for hearing within 30 days
- Plaintiff to file and serve documents and witness statements within 30 days
- Plaintiff to fix case for full hearing by March 2015 or the suit will stand as dismissed
Remedies
- Plaintiff to fix case for hearing within a limited time
- Plaintiff to fix case for full hearing by March 2015 or the suit will stand as dismissed
Authorities cited
Cases cited (5)
- ALLEN -Vs- SIR ALFRED McALPINE & SONS LTD [1968]1 ALL ER 543
- MOBILE KITALE SERVICE STATION -Vs- MOBIL OIL KENYA LTD & ANOTHER (2004)1KLR
- E. T. MONK & CO. LTD -Vs- EVANS (1985)KLR 584
- COMMUNICATION COURIER & ANOTHER -Vs- TELCOM (K) LTD [1999]eKLR
- BENJOH AMALGAMATED LIMITED & ANOTHER -Vs- KENYA COMMERCIAL BANK LIMITED [2014]EKLR
Loading judgment…