Zainab Abdul Latif Vaiani and Zainab Abdul Latif Vaiani As Trustee And Legal Guardian Of Uneeza Abdul Latif Yusuf v Kenya Urban Roads Authority & another [2022] KEELC 700 (KLR)
- Court
- Environment & Land Court
- Case number
- 700
- Citation
- [2022] KEELC 700 (KLR)
Summary at a glance
TypePetitionPostureRespondents' Application to dismiss Cross-Petition for want of prosecutionCoramN.A. MATHEKA
The application is granted and the Respondents' Cross-Petition is dismissed for want of prosecution.
Facts
The Respondents were granted leave to file a Cross-Petition following the withdrawal of the Petition. Since the filing of the Cross-Petition, the Respondents have not taken any step to prosecute it.
Issues
- Whether the Respondents have neglected, refused and/or failed to take steps in prosecuting the matter
- Whether the delay is prolonged and inexcusable
Reasoning
The court found that the Respondents have neglected, refused and/or failed to take steps in prosecuting the matter, and the delay is prolonged and inexcusable.
Outcome
The Respondents' Cross-Petition is dismissed.
Orders
- The Respondents' Cross-Petition is dismissed for want of prosecution.
- The costs of the Cross-Petition and this Application be borne by the 1st and 2nd Respondents.
Authorities cited
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