Family Bank Limited v Bernard Gikundi Mwarania & 5 others [2018] KEHC 4912 (KLR)
- Court
- High Court of Kenya
- Case number
- 4912
- Citation
- [2018] KEHC 4912 (KLR)
- Decided
- 31 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside dismissal order and reinstate suitCoramJ.N. MULWA
Holding
The suit is set aside and reinstated for hearing, with terms and conditions for the plaintiff to pay costs to the defendants within 30 days.
Facts
The plaintiff filed a suit against Mt. Kenya University and six defendants. The court directed the plaintiff to take steps towards prosecution of the suit within 90 days, but the plaintiff did not take any steps and no hearing date was taken. The case was dismissed for non-attendance.
Issues
- Setting aside the dismissal order and reinstating the suit
- Determining the costs to be paid by the plaintiff
Reasoning
The court exercised its discretion to allow the suit to be reinstated due to the plaintiff's lack of diligence and the prejudice to the defendants.
Outcome
The suit is reinstated for hearing.
Orders
- Set aside the dismissal order
- Reinstated the suit for hearing
- Plaintiff to pay costs to defendants within 30 days
Remedies
- Reinstatement of the suit for hearing
Authorities cited
Legislation (3)
- Article 159(2)(d) of the Constitution
- Section 1A, 1B and 3A of the Civil Procedure Act
- Order 12 Rule 7, Order 51 rules 1 and 15 of the Civil Procedure Rules
Cases cited (3)
- Rover International Ltd -vs- Cannon Film Ltd (1986) e ALL ER 772
- D.T. Dobie & Co. Ltd -vs- Joseph Mbaria Muchina CA 37 of 1978
- Peter Mutua Ndeto & 3 Others -vs- Anthony Kangethe Kariuki (2017) e KLR
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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