Associated Warehousing Co. Ltd & 2 others v Trust Bank Limited [2014] KEHC 4071 (KLR)

Facts

The Plaintiffs (Associated Warehousing Co. Ltd, Nitichandra Krishnalal Pandya, and Bhavana Pandya) sought a loan facility of Shs. 20 million secured by a legal charge over Subdivision No. 1532/1 MN in Mombasa. The Defendant (Trust Bank Limited) was placed under statutory management, and the Plaintiffs made payments through bearer certificates. The Defendant sold the suit property to Messrs. Clarkson & Southern Ltd, and the Plaintiffs filed a suit against the Defendant.

Issues

1. Whether the Plaintiffs' suit should be dismissed for want of prosecution
2. Whether the Defendant has been prejudiced by the delay

Reasoning

The delay in the hearing and determination of the Application was inordinate and inexcusable, but the Defendant has not been prejudiced. The Plaintiffs put forward a reason for the delay, but the Court cannot see that the Defendant has been prejudiced.

Outcome

The Application for dismissal of the suit for want of prosecution is dismissed with costs

Authorities cited