Dinesh Kumar Zaverchand Jetha v Guaranty Trust Bank (Kenya) Limited (Civil Suit 438 of 2016) [2020] KEHC 7472 (KLR) (Civ) (13 February 2020) (Ruling)
- Court
- High Court of Kenya
- Case number
- 7472
- Citation
- [2020] KEHC 7472 (KLR)
- Decided
- 13 February 2020
The court finds that the issue of stay of proceedings was dealt with extensively in a previous ruling and is res judicata. The court orders the parties to prepare the matter for full hearing.
Facts
The plaintiff filed a suit against the defendant, claiming that the defendant advertised the property for sale without a court order, despite another suit (HCCC No. 379 of 2005) involving the same parties and similar issues being pending.
Issues
- Whether the proceedings should be stayed due to the existence of another pending suit.
- Whether the two suits have similar issues and whether the plaintiff's application for stay is res judicata.
Reasoning
The court considered the arguments and previous rulings, noting that the parties in the two suits are different and that the nature of the relationships between the suits are distinct. The court also observed that the judgment in the other suit is pending and unlikely to be delivered in priority to the current suit.
Outcome
The application for stay of proceedings is denied.
Orders
- The parties should prepare the matter for full hearing.
Authorities cited
Cases cited (2)
- HCCC No. 379 of 2005 Fina Bank vs Maizena Millers & Others
- HCCC No. 438 of 2016 Dinesh Kumar Zaverchand Jetha vs Guaranty Trust Bank
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