The High Court has reinstated a civil suit in which a company dealing in salt is seeking to prevent Dubai Bank Ltd (in liquidation) from appointing receivers over its property in Malindi.
Justice Stephen Githinji revived the case after the firm, Suleiman Enterprises Ltd argued that the suit had been prematurely dismissed without being heard to its logical conclusion.
“In light of the foregoing, I am inclined to allow prayer number 2, to reinstate the suit for hearing on merit on condition that the plaintiff moves the court for a pre-trial hearing in the next two weeks, failure to which the suit stands dismissed,” the judge ruled.
While granting the reinstatement, the judge noted that the court’s discretion to revive a dismissed case must be exercised judiciously and in a just manner.
The judge acknowledged the importance of expeditious case management, particularly in situations involving delays and subsequent applications for reinstatement.
The court, however, denied a request by Suleiman Enterprises Ltd to reinstate earlier injunctions issued in October 2018.
These injunctions prohibited Dubai Bank from auctioning the company’s property or interfering with its salt business operations.
Additionally, the court declined to issue fresh orders restraining the bank or its agents from appointing receivers, disposing of the property.
