JUDGMENT OF THE COURT
This interlocutory appeal seeks to impugn the ruling and orders of the High Court dated 9th July 2002. By that ruling, the High Court allowed a notice of motion made by Nation Media Group “the 1st respondent ” and Wangethi Mwangi
“the 2nd respondent ” seeking in main that Nairobi HCCC No. 1238 of 2004 “the suit” be dismissed for want of prosecution. The application was premised on grounds that Charterhouse Bank Limited “the 1st appellant ” and Sanjay Shah “the 2nd appellant ”, as the plaintiffs in the suit, had failed to take steps to prosecute the suit for a period of more than six (6) years as at the time of filing the application. It was pleaded that the delay had caused the respondents to suffer unnecessary anxiety and stood to be greatly prejudiced in terms of witnesses and accuracy of their testimony. On that premise, the respondents successfully argued that justice and fairness demanded that the application be allowed.
Facts informing the application were tha…