Asl Credit Limited v Bake 'N' Bite Limited & 2 others (Civil Case 403 of 2017) [2025] KEHC 2104 (KLR) (Commercial and Tax) (6 February 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2104
- Citation
- [2025] KEHC 2104 (KLR)
- Decided
- 6 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside order dismissing suit for want of prosecutionCoramA. MABEYA, F. GIKONYO
Holding
The application is allowed, and the plaintiff is ordered to set down the matter for hearing within 90 days and to pay costs of Kshs.30,000/- to the defendants within 60 days.
Facts
Asl Credit Limited filed a suit against Bake 'N' Bite Limited and two others for a sum of Kshs 54,934,735.00 and late payment interest. The suit was dismissed for want of prosecution due to non-attendance and resignation of the original advocate.
Issues
- Whether the application to set aside the order dismissing the suit was brought in a timely manner.
- Whether the plaintiff should be allowed to proceed with the suit after the dismissal for want of prosecution.
Reasoning
The court finds merit in the application and allows it, considering the timely nature of the application and the plaintiff's potential loss.
Outcome
The application is granted.
Orders
- The plaintiff is ordered to set down the matter for hearing within 90 days.
- The plaintiff is ordered to pay costs of Kshs.30,000/- to the defendants within 60 days.
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…