Commercial Bank of Africa Ltd v Wangongu & Waiyaki [2023] KEHC 19086 (KLR)

Commercial Bank of Africa Ltd v Wangongu & Waiyaki (Commercial Case E052 of 2018) [2023] KEHC 19086 (KLR) (Commercial and Tax) (19 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19086 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Commercial and Tax

Commercial Case E052 of 2018

JWW Mong'are, J

June 19, 2023

Between

Commercial Bank of Africa Ltd

Plaintiff

and

Mboya Wangongu & Waiyaki

Defendant

Ruling

1. I have considered the submissions by the parties on the application dated 2/3/2022 for reinstatement of the suit that was dismissed pursuant to a Notice to Show Cause issued by the court. I have noted the explanation by Counsel for the plaintiff as to the reason why no party appeared before the court on the said date. I have also noted the submissions in opposition to the said application and note that no prejudice will be suffered by the defendant of the suit is reinstated as per the plaintiff’s application the application for reinstatement as allowed with no orders as to costs. Mention on 20/9/2023.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19TH DAY OF JUNE 2023………………………………J. W. W. MONGAREJUDGEIn the presence of:-1. Mr. Ondieki for the Plaintiff2. Wakhisi for Wanjiru for the Defendant.3. Sylvia- Court Assistant