Dubai Bank Kenya Limited v Kewal Contractors Limited,Parminder Singh Manku & Harjeet Singh Manku [2014] KEHC 2301 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

COMMERCIAL & ADMIRALTY DIVISION

CIVIL CASE NO. 881 OF 2010

DUBAI BANK KENYA LIMITED:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF

VERSUS

KEWAL CONTRACTORS LIMITED::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1ST DEFENDANT

PARMINDER SINGH MANKU::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::2ND DEFENDANT

HARJEET SINGH MANKU::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::3RD DEFENDANT

R U L I N G

On 6th June 2014 this court issued a Notice to Show Cause to the parties herein to show cause why the suit herein should not be dismissed for want of prosecution.   On the date for hearing of the same Mr. Kipng’eno for the Plaintiff appeared but sought further time to enable him file an affidavit in response to the Notice to Show Cause.

Mr. Ng’eno has since filed his affidavit dated 31st July 2014 in which he has shown cause why the suit should not be dismissed.

The Defendant did not respond to the Notice to Show Cause.

I have read and considered the said affidavit and I am satisfied the Plaintiff is still desirous of prosecuting the application. I make orders as follows:-

The suit shall not be dismissed but will proceed to full hearing.

The Plaintiff shall conclude pre-trial directions within 30 days from today.

The matter will be mentioned on 15th November 2014 for further directions.

Orders accordingly.

READ, DELIVERED AND DATED AT NAIROBI THIS 17TH DAY OF OCTOBER 2014

E. K. O. OGOLA

JUDGE

PRESENT:

Kipng’eno for Plaintiff

No appearance for Defendant

Irene – Court Clerk