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Court suspends case against cooperative bank

The Court of Appeal has suspended the proceedings in a case where a former Cooperative Bank official has sued the lender over alleged harassment and wrongful dismissal

Justices Daniel Musinga, Dr Imaana Laibuta and Ngenye Macharia suspend proceedings as sought by the lender, pending the hearing of an application by the bank challenging the decision by trial court to close the case without hearing its witnesses.

The bank’s witness failed to appear in court on time and the trial judge ordered the lender to close its case.

“There was also no evidence that she had previously deliberately failed to attend court. Therefore, justice demands that the applicant be accorded an opportunity to ventilate the merit or otherwise of its appeal,” said the judges.

While allowing the Bank application, the judges noted that stay of proceedings is a drastic judicial action that should be sparingly and rarely invoked as it may impede the right of access to justice, and should only be issued in the clearest of cases.

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