IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Madan, Miller and Potter JJA)
CIVIL APPEAL NO. 18 OF 1981
BETWEEN
KENYA COMMERCIAL BANK LTD..............................................APPELLANT
AND
JAMES KARANJA......................................................................RESPONDENT
JUDGMENT
Madan JA This appeal arises out of a ruling made by Nyarangi J in the High Court who dismissed the appellant’s application to strike out the respondent’s defence to a counterclaim.
The litigation between the parties commenced with Suit No 1104, which was dismissed by the court on June 10, 1978, under Order XVI rule 6. The Kenya Commercial Bank Ltd was the plaintiff, Noor Alam was the first defendant and James Karanja the second defendant.
Order XVI rule 6 reads as follows:
“In any case not otherwise provided for in which no application is made or step taken for a period of three years by either party with a view to proceeding with the suit, the court may order the suit to be dismissed; and in such case the…