Judge Rose Teemba ‘struck out’ the suit after Mr Chenge, who is currently seeking re-election as Member of Parliament (MP) for Bariadi West Constituency, failed to prosecute his case since 2010 and the life span of the matter as was granted by the court had expired.
Court records show that the suit was filed on March 25, 2010 and pleadings, that is, the documents constituting the matter, were completed by July 27, 2010 when the first pre-trail conference was held.
The attempt to mediate the parties was marked failed on November 11, 2010. Since then, hearing of the case did not commence for various reasons. The case had been assigned to a speed track four, meaning the same was to be determined within 24 months.
According to the law, such speed track is reserved for the most complex cases. The speed track expired in July 2012 and there was no order to depart from the scheduling order so as to extend the time within which to commence trial and conclude the matter in court.
At the time, there were other efforts to negotiate settlement out of court. On June 18, this year, advocates from the parties appeared in court and they asked for a last adjournment to complete settlement. The matter was again adjourned to July 23, this year.
On that day, the counsel for Chenge requested for hearing date and said he had not met with his client. Advocate Dilip Kesaria, for the bank, did not object and the case was adjourned to August 24, this year, for hearing.
However, the counsel for Change, once again, could not bring any witness. Instead, he told the court that he had no communication with his client, thus, he could not inform him of the hearing.
/Daily News.
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