[2017] KEHC 6656 (KLR)
The court found that the application dated 26th August 2013 for reinstatement of the suit had already been heard and dismissed by Havelock J. on 4th November 2013 due to non-appearance by the plaintiff. As such, the application is spent and there is nothing further for the court to determine on that application. The...
Source-derived case information.
- Citation
- [2017] KEHC 6656 (KLR)
- Parties
- Plaintiff: Trust Bank Limited (In liquidation); Defendant: Aces High Limited; Defendant: Nagib Jafferali Popat; Defendant: Shelina Popat Lanoe
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2060 of 2000
- Procedural Posture
- Civil Suit / Ruling on Application for Reinstatement
- Outcome
- Application found to be spent; no further orders on the application.
- Judges
- F Tuiyott
- Legal Topics
- Dismissal of Suit, Reinstatement of Suit, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trust Bank Limited (In liquidation)
Plaintiff
Aces High Limited
Defendant
Nagib Jafferali Popat
Defendant
Shelina Popat Lanoe
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Reinstatement
Legal Issues
- 1 Whether the application dated 26th August 2013 for reinstatement of the suit had already been determined.
- 2 Whether the current application is spent in light of the previous court order.
Ratio Decidendi
The court found that the application dated 26th August 2013 for reinstatement of the suit had already been heard and dismissed by Havelock J. on 4th November 2013 due to non-appearance by the plaintiff. As such, the application is spent and there is nothing further for the court to determine on that application. The parties were advised to consider the way forward in light of this procedural history.
Court Disposition
Application found to be spent; no further orders on the application.
Orders
- The application dated 26th August 2013 is spent, having been dismissed on 4th November 2013.
- Parties to consider the way forward.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
HCC. NO. 2060 OF 2000
TRUST BANK LIMITED(In liquidation)……….……………PLAINTIFF
VERSUS
ACES HIGH LIMITED…………………....………....… 1ST DEFENDANT
NAGIB JAFFERALI POPAT …………………….........2ND DEFENDANT
SHELINA POPAT LANOE ………………………….. 3RD DEFENDANT
RULING
1. Although this Court is asked to consider and determine the Notice of Motion of 26th August, 2016, Counsel for the Applicant and Respondents may not have been aware of what proceeded before Court on 4th November 2013.
2. The matter was before Havelock J. on that day and this is what happened,
“BY COURT:
The Plaintiff’s application dated 26th August 2013 sought reinstatement of this 13 year old suit dismissed by Court on 1st March 2012. As there is no appearance by the Plaintiff, the same stands dismissed with costs to the Defendants”.
3. It would therefore seem that the Application of 26th August 2013 was dealt with then and is spent.
4. Now brought to their attention, parties may want to propose the way forward.
Dated, Signed and Delivered in Court at Nairobi this 23rd day of March, 2017.
F. TUIYOTT
JUDGE
PRESENT;
Limo for Plaintiff
Kamau h/b for Gondi for Defendant
Alex - Court Clerk