[2021] KEHC 7346 (KLR)
The court found that the ex parte Applicant failed to comply with its directions by not filing an affidavit of service and not prosecuting the Chamber Summons dated 12th October 2020. This was the third instance of non-compliance by the applicant. In the absence of compliance and any response from the respondent,...
Source-derived case information.
- Citation
- [2021] KEHC 7346 (KLR)
- Parties
- Applicant: Milton Nyakundi Oriku; Respondent: The Sports Disputes Tribunal
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E1116 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Non Compliance and Dismissal for Non Prosecution
- Outcome
- application dismissed for non-compliance and non-prosecution; case closed
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus Orders, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milton Nyakundi Oriku
Applicant
The Sports Disputes Tribunal
Respondent
Procedural Posture
Judicial Review Application / Ruling on Non Compliance and Dismissal for Non Prosecution
Legal Issues
- 1 Whether the ex parte Applicant complied with the Court's directions regarding service and filing of affidavits.
- 2 Whether the Chamber Summons dated 12th October 2020 should be dismissed for non-compliance and non-prosecution.
Ratio Decidendi
The court found that the ex parte Applicant failed to comply with its directions by not filing an affidavit of service and not prosecuting the Chamber Summons dated 12th October 2020. This was the third instance of non-compliance by the applicant. In the absence of compliance and any response from the respondent, the court exercised its discretion to dismiss the application for non-compliance and non-prosecution, marking the case as closed. The court made no order as to costs.
Court Disposition
application dismissed for non-compliance and non-prosecution; case closed
Orders
- The ex parte Applicant’s Chamber Summons dated 12th October 2020 is dismissed for non-compliance and non-prosecution, with no order as to costs.
- The case is marked as closed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E1116 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR
JUDICIAL REVIEW ORDERS OF MANDAMUS
BETWEEN
MILTON NYAKUNDI ORIKU........................................................................APPLICANT
VERSUS
THE SPORTS DISPUTES TRIBUNAL.......................................................RESPONDENT
RULING NO.2
1. On 4th February 2021, this Court gave the following directions herein:
i. The ex parte Applicant shall serve the Respondent with (i) theChamber Summons dated 12th October 2020, (ii) the submissions dated 10th January 2021 on the said Chamber Summons (iii) a copy of these directions and (iv) a hearing notice with twenty-one (21) days of today’s date.
ii. Theparte Applicant shall also file an affidavit attesting to service on the Respondent of the said pleadings and documents within the saidtwenty-one (21) days.
iii. In the event of non-compliance by the ex parte Applicant, the Chamber Summonsdated 12th October 2020shall be liable to dismissal for non- prosecution.
iv. The Respondent is granted leave to file and serve its responses to theChamber Summons dated 12th October 2020 and skeletal submissions thereon within twenty-one (21) days of service by theex parte Applicant.
v. The Chamber Summons dated 12th October 2020 shall be heard on 22nd April 2021.
2. Upon perusal of the Court record there is no affidavit filed attesting to such service, and there is no response filed by the Respondent. It is also notable that this is the third instance there has been non-compliance by the ex parte Applicant with the directions of the Court.
3. In the circumstances, I hereby order as follows:
i. The ex parte Applicant’s Chamber Summonsdated 12th October 2020 is hereby dismissedfor non-compliance and non- prosecution, with no order as to costs. This case is accordingly marked as closed.
ii. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondent by electronic mail by close of business on Friday, 23rd April 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF APRIL 2021
P. NYAMWEYA
JUDGE