Emily Wambui Kabuthu v Diamond Trust Bank Kenya Limited & another [2015] KEHC 4964 (KLR)
- Court
- High Court of Kenya
- Case number
- 4964
- Citation
- [2015] KEHC 4964 (KLR)
- Decided
- 13 May 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out the plaint and dismiss the suitCoramD A ONYANCHA
Holding
The suit is time-barred and the delay in prosecuting the suit is inexcusable, hence the application is struck out and dismissed.
Facts
The Plaintiff filed a suit against the 1st and 2nd Defendants claiming delivery up of her lawfully attached property. The 1st Defendant filed a Notice of Motion seeking to strike out the plaint and dismiss the suit.
Issues
- Whether the suit is time-barred
- Whether the delay in prosecuting the suit is inexcusable
Reasoning
The suit was filed on 15th October 2008 and the 1st Defendant filed its defence on 21st November 2008. The Plaintiff did not take any steps to prosecute the matter until the 1st Defendant filed the application. The court finds the delay in prosecuting the suit to be inexcusable and inordinate.
Outcome
Application dismissed
Orders
- Application to strike out the plaint and dismiss the suit granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Limitation of Action 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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