Galaiya properties Ltd, First American Bank of Kenya Ltd, Caxton Gichumi Mwangi and Zenway Company Ltd have come to court seeking an order of stay of proceedings relating to the trial herein and determination of the suit. The grounds of the application is that the effect of the ruling of the court is that the court may proceed with the hearing and determination of the suit in spite of the same being statute barred and the plaintiff lacking locus standi and that the suit was filed without the requisite disclosure or authority of the representatives and without leave of the court.
The applicant submits that the defendant applicant have made a case for stay of proceedings pending appeal. According to the application no prejudice would be suffered by the respondent if stay is granted. The respondents on the hand submit that the suit is an abuse of the court process and a waste of judicial time.
I have carefully considered the application, response and submissions on record and do find that there is no special reasons for granting the stay of proceedings pending appeal. In any event the court did not dismiss the preliminary objection on merit but found that the issue of limitation of action herein revolves on fraud and cannot be determined by way of preliminary objection because it requires evidence. The court requires to determine when the fraud was committed and whether the plaintiff was aware and therefore it requires evidence. I do find that the applicants will have a second bite on the cherry if they adduces evidence that the suit is time barred. The application lacks merit and is hereby dismissed with costs.
Ruling dated and delivered electronically at Nakuru this 9th day of October 2024.
The applicant submits that the defendant applicant have made a case for stay of proceedings pending appeal. According to the application no prejudice would be suffered by the respondent if stay is granted. The respondents on the hand submit that the suit is an abuse of the court process and a waste of judicial time.
I have carefully considered the application, response and submissions on record and do find that there is no special reasons for granting the stay of proceedings pending appeal. In any event the court did not dismiss the preliminary objection on merit but found that the issue of limitation of action herein revolves on fraud and cannot be determined by way of preliminary objection because it requires evidence. The court requires to determine when the fraud was committed and whether the plaintiff was aware and therefore it requires evidence. I do find that the applicants will have a second bite on the cherry if they adduces evidence that the suit is time barred. The application lacks merit and is hereby dismissed with costs.
Ruling dated and delivered electronically at Nakuru this 9th day of October 2024.