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Prudential Building Society (In Liquidation) v Gathinji & another (Commercial Case 182 of 2015) [2023] KEHC 1192 (KLR) (Commercial and Tax) (14 February 2023) (Ruling)

[2023] KEHC 1192 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1192
Citation
[2023] KEHC 1192 (KLR)
Decided
14 February 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCommercial CasePostureRespondent opposed the Notice of Motion application seeking Stay of Proceedings and setting aside of the court's proceedings of March 12, 2020.CoramDO CHEPKWONY
Holding

The Notice of Motion application dated June 3, 2021 is dismissed with costs to the Respondents.

Facts

The Plaintiff failed to attend court and comply with court's directions regarding the filing and serving of written submissions, leading to the Respondents filing their submissions.

Issues

  1. Indolence in attending court and complying with court's directions
  2. Application for Stay of Proceedings and setting aside of the court's proceedings of March 12, 2020

Reasoning

The court dismissed the application due to the Plaintiff's failure to attend court and comply with court's directions, and the reasons advanced for the failure were not supported by the Plaintiff's submission and attendance of court proceedings.

Outcome

Dismissed

Orders

  • Notice of Motion application dated June 3, 2021 is dismissed
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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