[2006] KEHC 2573 (KLR)
The court found that the explanations for the delay in prosecuting the suit, as provided in the affidavits by the plaintiff's counsel and general manager, were satisfactory. The court held that the interests of justice would be better served by allowing the suit to proceed to hearing as already scheduled, rather...
Source-derived case information.
- Citation
- [2006] KEHC 2573 (KLR)
- Parties
- Plaintiff: Giro Commercial Bank Limited; Defendant: Superforss Limited; Defendant: Pankaj Mohanlal Lakhani; Defendant: Dilip Mohanlal Lakhani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1584 of 2000
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Application to dismiss suit for want of prosecution is denied. Suit to proceed to hearing.
- Judges
- DW Mbuteti
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Giro Commercial Bank Limited
Plaintiff
Superforss Limited
Defendant
Pankaj Mohanlal Lakhani
Defendant
Dilip Mohanlal Lakhani
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 explanations for delay in prosecuting the suit are sufficient to allow the matter to proceed.
Ratio Decidendi
The court found that the explanations for the delay in prosecuting the suit, as provided in the affidavits by the plaintiff's counsel and general manager, were satisfactory. The court held that the interests of justice would be better served by allowing the suit to proceed to hearing as already scheduled, rather than dismissing it for want of prosecution. The court exercised its discretion to refuse dismissal, emphasizing that justice demands the matter be heard on its merits.
Court Disposition
Application to dismiss suit for want of prosecution is denied. Suit to proceed to hearing.
Orders
- The suit will not be dismissed for want of prosecution.
- The case will proceed to hearing as scheduled.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 1584 of 2000
GIRO COMMERCIAL BANK LIMITED…........................................……………..PLAINTIFF
VERSUS
SUPERFORSS LIMITED……………..................................……………..1ST DEFENDANT
PANKAJ MOHANLAL LAKHANI……….................................…………2ND DEFENDANT
DILIP MOHANLAL LAKHANI…………..................................………….3RD DEFENDANT
R U L I N G
This matter came up on the 1st March, 2006 for parties to show cause why the suit should not be dismissed for want of prosecution. The history of this particular aspect of the matter is captured in the ruling dated 24th November, 2005 which was delivered on 25th November, 2005. I do not propose to repeat that history.
In his submissions learned counsel for the Plaintiff pointed out that the suit is already set down for hearing on the 11th of November, 2006. Delay in prosecuting the suit is explained in the affidavit sworn by the Plaintiff’s learned counsel on 24th November, 2003 and another affidavit sworn by one MODALI SASTRY on 5th January, and filed on 9th January, 2006. He is the general manager of the Plaintiff. I accept the explanations contained in those two affidavits. In his reply learned counsel for the Defendants left the matter to court.
I hold the view that the justice of this matter demands that the suit do proceed to hearing as already scheduled. Dismissing the suit would not serve the ends of justice. I will therefore give the Plaintiff the chance to prosecute its case. The case will not be dismissed for want of prosecution. Costs in the cause.
DATED AND SIGNED AT NAIROBI THIS 3RD DAY OF MAY, 2006.
H.P.G. WAWERU
JUDGE
DELIVERED THIS 5TH DAY OF MAY, 2006.