Pride Properties Limited v Consolidated Bank Limited & another [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Commercial & Tax Division
Category
Civil
Judge(s)
Hon. W. A. Okwany
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Pride Properties Limited v Consolidated Bank Limited & another [2020] eKLR


1. Case Information:
- Name of the Case: Pride Properties Limited v. Consolidated Bank Limited & Gami Properties Limited
- Case Number: HCCC No. 715 of 2009
- Court: High Court of Kenya at Nairobi, Commercial and Tax Division
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Hon. W. A. Okwany
- Country: Kenya

2. Questions Presented:
The central legal issue presented to the court was whether the plaintiff's suit, which had been dismissed suo moto for want of prosecution on 11th September 2019, should be reinstated.

3. Facts of the Case:
The plaintiff, Pride Properties Limited, filed an application to review the dismissal of their suit against the defendants, Consolidated Bank Limited and Gami Properties Limited. The dismissal occurred during a service week, and the plaintiff argued that the case was actively being prosecuted, with a hearing scheduled for 8th December 2020. The plaintiff contended that they were not served with the notice of dismissal and had complied with all previous court directions. The defendants opposed the application, stating that the plaintiff had not prosecuted the case for almost two years prior to the dismissal and argued that the court lacked jurisdiction under the current constitutional framework concerning land matters.

4. Procedural History:
The case was initially filed in the High Court and subsequently transferred to the Environment and Land Court as ELC Case No. 715 of 2009. The plaintiff's application dated 15th November 2019 sought to vacate the dismissal order from 11th September 2019. The defendants filed a replying affidavit contesting the application. The matter was canvassed through written submissions by both parties.

5. Analysis:
- Rules: The court considered Order 17 Rule 2 of the Civil Procedure Rules, which allows for the dismissal of suits for want of prosecution if no steps have been taken in a year. The court also referenced the principles established in Argan Wekesa Okumu v. Dima College Ltd & 2 Others [2015] eKLR regarding the dismissal of suits, emphasizing the need for inordinate delay to be shown and the necessity for the court to exercise discretion judiciously.

- Case Law: The court cited Argan Wekesa Okumu v. Dima College Ltd, where the principles for dismissing suits for want of prosecution were outlined. The ruling emphasized that the applicant must demonstrate that any delay is inordinate and inexcusable and that the defendant would be prejudiced by such delay. The court also highlighted that each case must be evaluated based on its specific facts.

- Application: The court found that the plaintiff had not been served with the dismissal notice and that the dismissal was made without awareness of the transfer of the main file to the Environment and Land Court. Given that the dismissal was based on a misunderstanding of the case's status, the court ruled in favor of the plaintiff, reinstating the suit.

6. Conclusion:
The court allowed the plaintiff's application to reinstate the suit, ruling that the dismissal was improper due to a lack of notice and misunderstanding regarding the file's transfer. This decision underscores the importance of proper communication and procedural adherence in judicial processes.

7. Dissent:
There were no dissenting opinions recorded in the case.

8. Summary:
The High Court of Kenya reinstated the suit of Pride Properties Limited against Consolidated Bank Limited and Gami Properties Limited after determining that the dismissal for want of prosecution was made without proper notice to the plaintiff. This ruling highlights the court's commitment to ensuring justice and due process, particularly in civil litigation.

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