[2025] KEHC 9952 (KLR)

[2025] KEHC 9952 (KLR)

The court dismissed the notice of motion dated 22.2.2025 because there was no attendance by the applicant or their advocate at the scheduled hearing. The court exercised its discretion under the Civil Procedure Rules to dismiss the application for want of attendance, as the applicant failed to prosecute the motion...

Source-derived case information.

Citation
[2025] KEHC 9952 (KLR)
Parties
Appellant: Crowada Contractors & General Suppliers Ltd; Respondent: Kenya Commercial Bank Ltd
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Civil Appeal E028 of 2025
Procedural Posture
Civil Appeal / Ruling on Notice of Motion
Outcome
notice of motion dismissed for want of attendance
Judges
MS Shariff
Legal Topics
Dismissal for Non Attendance
Source Language
en
Civil Procedure Dismissal for Non Attendance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Crowada Contractors & General Suppliers Ltd

Appellant

Kenya Commercial Bank Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Notice of Motion

Legal Issues

  1. 1 Whether the notice of motion dated 22.2.2025 should be dismissed for want of attendance.

Ratio Decidendi

The court dismissed the notice of motion dated 22.2.2025 because there was no attendance by the applicant or their advocate at the scheduled hearing. The court exercised its discretion under the Civil Procedure Rules to dismiss the application for want of attendance, as the applicant failed to prosecute the motion or provide any explanation for their absence. The dismissal was procedural and did not address the merits of the application.

Court Disposition

notice of motion dismissed for want of attendance

Orders

  • The notice of motion dated 22.2.2025 is dismissed for want of attendance.