Exon Investments Ltd v African Banking Corporation Limited [2021] KEHC 2408 (KLR)
- Court
- High Court of Kenya
- Case number
- 2408
- Citation
- [2021] KEHC 2408 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a dismissal of a suit with costsCoramAteet Jetha
Holding
The court finds that the suit should be reinstated and a hearing date fixed.
Facts
The Plaintiff filed a suit on January 18, 2019, seeking interim restraining orders. The suit was dismissed on April 27, 2021, for non-attendance. The Plaintiff filed an application to set aside the dismissal and reinstate the suit.
Issues
- Whether the court should set aside the order dismissing the Plaintiff's suit with costs
- Whether the court should reinstate the suit and fix a hearing date
Reasoning
The court determined that the suit was not cause-listed for hearing on April 27, 2021, and that the Plaintiff was not at fault for non-attendance. The court also noted that the hearing date was fixed in the presence and knowledge of both parties.
Outcome
The court set aside the order dismissing the Plaintiff's suit with costs and reinstated the suit with a hearing date fixed.
Orders
- To set aside the order dismissing the Plaintiff's suit with costs
- To reinstate the suit
- To fix a hearing date
Remedies
- Reinstatement of the suit and a hearing date
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Order 11 of the Civil Procedure Rules
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.
Loading judgment…