Pharmalift Ltd and Others v Equity Bank Ltd (Miscellaneous Application No 2332 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed the application for interim stay of execution proceedings under Order 17 rule 4 of the Civil Procedure Rules where neither the applicants nor the respondent appeared when the matter was called for hearing on the scheduled date, despite proper electronic notice through ECCMIS.
Outcome
Application dismissed for failure of parties to appear
Facts
The applicants filed Miscellaneous Application No. 2332 of 2023 seeking an interim stay of proceedings in Execution Miscellaneous Application No. 0264 of 2023, which arose from Civil Suit No. 0260 of 2023. The matter was cause listed and a hearing notice was issued through ECCMIS for 22 September 2025. When the matter was called for hearing on that date, neither the applicants nor the respondent appeared before the court.
Issues
- Whether the court should dismiss the application where parties failed to appear for the scheduled hearing
Orders
- Application dismissed pursuant to Order 17 rule 4 of the Civil Procedure Rules.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.