[2020] KEHC 5766 (KLR)
The court found that the applicant failed to comply with its directions to file and serve the substantive Notice of Motion and submissions within the stipulated period. There was no record of any pleadings filed or evidence of service by the applicant. As a result, there was no pending matter for determination, and...
Source-derived case information.
- Citation
- [2020] KEHC 5766 (KLR)
- Parties
- Applicant: Jendie Automobiles Limited; Respondent: National Transport and Safety Authority; Respondent: Kenya Bureau of Standards; Respondent: The Cabinet Secretary, Ministry of Transport, Infrastructure, Housing, Urban Development & Public Works
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 17 of 2019
- Procedural Posture
- Judicial Review Application / Ruling on Non Prosecution
- Outcome
- suit dismissed for non-prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Prohibition Orders, Certiorari Orders, Non Prosecution, Dismissal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jendie Automobiles Limited
Applicant
National Transport and Safety Authority
Respondent
Kenya Bureau of Standards
Respondent
The Cabinet Secretary, Ministry of Transport, Infrastructure, Housing, Urban Development & Public Works
Respondent
Procedural Posture
Judicial Review Application / Ruling on Non Prosecution
Legal Issues
- 1 Whether the applicant complied with the court's directions to file and serve the substantive Notice of Motion and submissions within the stipulated period.
- 2 Whether the suit should be dismissed for non-prosecution due to the applicant's failure to take necessary steps.
Ratio Decidendi
The court found that the applicant failed to comply with its directions to file and serve the substantive Notice of Motion and submissions within the stipulated period. There was no record of any pleadings filed or evidence of service by the applicant. As a result, there was no pending matter for determination, and the suit was liable for dismissal for non-prosecution. The court exercised its discretion to dismiss the suit and close the file, emphasizing the importance of compliance with procedural directions to ensure the expeditious disposal of cases.
Court Disposition
suit dismissed for non-prosecution
Orders
- This suit is dismissed for non-prosecution and the file is marked as closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling and the extracted orders to the applicant by electronic mail by close of business on Thursday, 14th May 2020.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 17 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR
JUDICIAL REVIEWORDERS OF PROHIBITION AND CERTIORARI
BETWEEN
JENDIE AUTOMOBILES LIMITED..............................................................APPLICANT
VERSUS
NATIONAL TRANSPORT ANDSAFETY AUTHORITY...............1ST RESPONDENT
KENYA BUREAU OF STANDARDS.................................................2ND RESPONDENT
THE CABINET SECRETARY,MINISTRY OFTRANSPORT,INFRASTRUCTURE,
HOUSING,URBAN DEVELOPMENT & PUBLIC WORKS.........3RD RESPONDENT
RULING
1. The Applicant herein was granted leave by this Court on 23rd January 2020 to commence judicial review proceedings against the Respondents, and was required to file its substantive Notice of Motion and skeleton submissions thereon, and to serve its pleadings and a mention notice on the Respondents, within fourteen (14) days. On 19th February 2020, when this matter was mentioned for further directions, the Applicant had not filed its substantive Notice of Motion, nor served the Respondents.
2. The Applicant was thereupon directed upon application, to comply with this Court’s previous directions within fourteen (14) days, failing which this suit would be liable for dismissal. I have perused the Court record, and there is no record of any pleadings filed, or evidence of service by the Applicant. In effect, the outcome of the non-compliance by the Applicant is that there is no pending matter in this suit for determination by the Court.
3. In the premises I direct and order as follows:
I.This suit is dismissed for non-prosecution and this file is hereby marked as closed.
II.The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling and the extracted orders to the Applicant by electronic mail by close of business on Thursday, 14th May 2020.
Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 13TH DAY OF MAY 2020
P. NYAMWEYA
JUDGE