Thathini Development Company Limited v Mombasa Water & Sewerage Company & another [2022] KEELC 689 (KLR)

Facts

The Plaintiff/Applicant claims they were never served with the Notice to Show Cause for the suit, and that the court's order dismissing the suit was based on a different Notice. The 2nd Defendant/Respondent opposes the application.

Issues

1. Whether court ought to set aside the order that dismissed with suit for want of prosecution.
2. Whether the Plaintiff/Applicant is entitled to the relief sought.
3. Who will bear the cost of the Notice of Motion dated 25th March, 2021.

Reasoning

The court found that the Plaintiff/Applicant did not provide evidence of a justifiable delay and that the Plaintiff/Applicant was not diligent in pursuing the case. The court emphasized the importance of expediting litigation and the need for parties to be proactive in their legal proceedings.

Outcome

The application for setting aside the order dismissing the suit for want of prosecution is dismissed.

Authorities cited