[2021] KEHC 7916 (KLR)
The court found that the ex parte Applicants failed to comply with its directions to file and serve the statutory statement and supplementary affidavit, as well as to serve the Chamber Summons application for inter partes hearing. This non-compliance rendered the application and the suit incompetent. Consequently,...
Source-derived case information.
- Citation
- [2021] KEHC 7916 (KLR)
- Parties
- Applicant: Bloomberg Egoli Ltd; Respondent: Anti-Counterfeit Authority; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E1135 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Non Compliance and Striking Out
- Outcome
- Application and suit struck out for non-compliance with court orders.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review Procedure, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bloomberg Egoli Ltd
Applicant
Anti-Counterfeit Authority
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Non Compliance and Striking Out
Legal Issues
- 1 Whether the ex parte Applicants complied with the court's directions to file and serve the statutory statement and supplementary affidavit.
- 2 Whether non-compliance with court orders warrants striking out the application and suit.
Ratio Decidendi
The court found that the ex parte Applicants failed to comply with its directions to file and serve the statutory statement and supplementary affidavit, as well as to serve the Chamber Summons application for inter partes hearing. This non-compliance rendered the application and the suit incompetent. Consequently, the court exercised its discretion to strike out the Chamber Summons dated 13th November 2020 and the entire suit, emphasizing the importance of adhering to procedural requirements in judicial review proceedings.
Court Disposition
Application and suit struck out for non-compliance with court orders.
Orders
- The Chamber Summons dated 13th November 2020 and the suit are struck out for being incompetently filed.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E1135 OF 2020
BETWEEN
BLOOMBERG EGOLI LTD......................................................................APPLICANT
VERSUS
ANTI-COUNTERFEIT AUTHORITY........................................1ST RESPONDENT
ATTORNEY GENERAL...............................................................2ND RESPONDENT
RULING NO.2
1. On 1st December 2020, this Court directed the ex parte Applicants herein to file and serve their statutory statement and supplementary affidavit annexing the evidence it was relying upon, and to serve the Respondent and Interested Party with their Chamber Summons application dated 13th November 2020 for inter partes hearing.
2. Upon perusal of the court record, I note that there has been no compliance by the ex parte Applicants. In the circumstances, I hereby strike out the Chamber Summons dated 13th November 2020 and this suit for being incompetently filed, with no order as to costs.
3. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicants by electronic mail by close of business on Thursday, 4th February 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 2ND DAY OF FEBRUARY 2021
P. NYAMWEYA
JUDGE