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S. K. Macharia & Royal Credit Limited v. Standard Chartered Bank Limited & Official Receiver

(2019) JELR 94104 (CA)

Court of Appeal  •  Civil Appeal 58 of 2011  •  6 Dec 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] The facts leading to the order, subject of this appeal are quite simple.By a plaint filed on 9th November 2001, Madhupaper International Limited (Madhupaper), S.K. Macharia, (herein 1st appellant) and Royal Credit Limited (herein 2nd appellant), sued Standard Chartered Bank Limited (the 1st respondent), seeking several declaratory orders and a sum of Kshs. 55 million, together with interest.

[2] By a notice to show cause dated 22nd October, 2009 issued by the High Court suo moto, Madhupaper and the two appellants were served through their advocates, Kamau Kuria and Kiraitu Advocates, with a Notice to Show Cause under Order XXVI rule 2(1) of the former edition of the Civil Procedure Rules, to show cause why the suit should not be dismissed for want of prosecution. In response to the notice, the 1st appellant filed a replying affidavit in which he explained that the delay in prosecuting the suit was caused by two factors. First, the inability of the appellants to…

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