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Sanjita Shah v. Credit Agricole Indosuez Limited Formerly trading as Banque Indosuez, Ganshyam Chhotabhai Patel, Wilfred J. C. Kashomi & Pallinder Holdings Limited

(2019) JELR 94893 (CA)

Court of Appeal  •  Civil Appeal 273 of 2012  •  8 Mar 2019  •  Kenya

Roselyn Naliaka Nambuye, Jamila Mohammed, Stephen Gatembu Kairu



1. These two appeals arise from the same ruling, namely the ruling and order of the High Court (G. K. Kimondo, J) given on 2nd December 2011 dismissing three consolidated suits, for want of prosecution namely High Court civil case 802 of 2002; High Court civil case 803 of 2002; and High Court civil case 804 of 2002. Consequently, this judgment relates to the two appeals, Civil Appeal No. 273 of 2012 and Civil Appeal No. 65 of 2013.

2. The ruling and order appealed from was made under the provisions of Order 17 Rule 2(1) and (2) of the Civil Procedure Rules which provides as follows:

“(1) in any suit in which no application has been made or step taken by either party for one year, the court may give notice in writing to the parties to show cause why the suit should not be dismissed, and if cause is not shown to its satisfaction, may dismiss the suit.

(2) if cause is shown to the satisfaction of the court it may make such orders as it thinks fit to obtain expeditious h…

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