Equity Bank Limited v James Njenga Wandunga [2015] KEHC 3415 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

HIGH COURT CIVIL CASE  NUMBER 276 OF 2010

EQUITY BANK LIMITED........................PLAINTIFF

VERSUS

JAMES NJENGA WANDUNGA............ DEFENDANT

RULING

I have heard reasons  adversed by the Plaintiff's counsel for request for the adjournments that the Bank representative is not available.  This is an old case.  Twice the defendant has had to compromise on its applications for dismissal of suit for want of prosecution and gave the plaintiff  an opportunity to prosecute its case.

I am not persuaded that the plaintiff has an interest to prosecute the suit.  No good reason has been put forth.

In the premises, the suit is dismissed for want of prosecution with costs to the defendants.

Dated, signed and delivered this 19th of  May, 2015.

JANET MULWA

JUDGE

In the presence of:

Khatambi holding brief for Kibanga -        for  plaintiff

Alwala                                              -        for Defendant

Court clerk                                        -        Lina