[2014] KEHC 2301 (KLR)
The court found that the plaintiff, through the affidavit of Mr. Kipng’eno, had shown sufficient cause for the suit not to be dismissed for want of prosecution. The court exercised its discretion under Order 17 of the Civil Procedure Rules, noting the plaintiff's expressed desire to proceed with the case. As the...
Source-derived case information.
- Citation
- [2014] KEHC 2301 (KLR)
- Parties
- Plaintiff: Dubai Bank Kenya Limited; Defendant: Kewal Contractors Limited; Defendant: Parminder Singh Manku; Defendant: Harjeet Singh Manku
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 881 of 2010
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit not dismissed; to proceed to full hearing.
- Judges
- DO Ogembo
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Pre Trial Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dubai Bank Kenya Limited
Plaintiff
Kewal Contractors Limited
Defendant
Parminder Singh Manku
Defendant
Harjeet Singh Manku
Defendant
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the plaintiff has shown sufficient cause to avoid dismissal.
Ratio Decidendi
The court found that the plaintiff, through the affidavit of Mr. Kipng’eno, had shown sufficient cause for the suit not to be dismissed for want of prosecution. The court exercised its discretion under Order 17 of the Civil Procedure Rules, noting the plaintiff's expressed desire to proceed with the case. As the defendants did not respond or oppose the application, the court was satisfied that the interests of justice would be served by allowing the suit to proceed to full hearing, subject to the plaintiff concluding pre-trial directions within 30 days.
Court Disposition
Suit not dismissed; to proceed to full hearing.
Orders
- The suit shall not be dismissed but will proceed to full hearing.
- The plaintiff shall conclude pre-trial directions within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
CIVIL CASE NO. 881 OF 2010
DUBAI BANK KENYA LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
KEWAL CONTRACTORS LIMITED::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1ST DEFENDANT
PARMINDER SINGH MANKU::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::2ND DEFENDANT
HARJEET SINGH MANKU::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::3RD DEFENDANT
R U L I N G
On 6th June 2014 this court issued a Notice to Show Cause to the parties herein to show cause why the suit herein should not be dismissed for want of prosecution. On the date for hearing of the same Mr. Kipng’eno for the Plaintiff appeared but sought further time to enable him file an affidavit in response to the Notice to Show Cause.
Mr. Ng’eno has since filed his affidavit dated 31st July 2014 in which he has shown cause why the suit should not be dismissed.
The Defendant did not respond to the Notice to Show Cause.
I have read and considered the said affidavit and I am satisfied the Plaintiff is still desirous of prosecuting the application. I make orders as follows:-
The suit shall not be dismissed but will proceed to full hearing.
The Plaintiff shall conclude pre-trial directions within 30 days from today.
The matter will be mentioned on 15th November 2014 for further directions.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI THIS 17TH DAY OF OCTOBER 2014
E. K. O. OGOLA
JUDGE
PRESENT:
Kipng’eno for Plaintiff
No appearance for Defendant
Irene – Court Clerk