Kathryns Limited v DFCU Limited (Miscellaneous Cause No. 126 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application dismissed for non-attendance. The applicant and their advocates failed to appear at the hearing without providing any reason for their absence. The court dismissed the application under Order 9 rule 22 of the Civil Procedure Rules with costs awarded to the respondent.
Outcome
Application dismissed for non-attendance of applicant and advocates
Facts
Kathryns Limited filed a miscellaneous application against DFCU Limited in the High Court Land Division. On 9 April 2025, the applicant was granted leave to substitute the respondent's name from DFCU Bank Limited to DFCU Limited under Order 1 rule 10(2) of the Civil Procedure Rules, with costs in the cause. The matter was fixed for mention on 17 June 2025. On that date, neither the applicant nor their advocates appeared in court, and no reason was provided for their non-attendance. The respondent's counsel appeared and applied for dismissal.
Orders
- Application dismissed under Order 9 rule 22 of the Civil Procedure Rules.
- Costs awarded to the respondent.
Legislation cited (2)
- Civil Procedure Rules O.1 r.10(2)
- Civil Procedure Rules O.9 r.22
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.