[2024] KEHC 6528 (KLR)
The court found that the applicant, having been granted leave to file a substantive application for orders of certiorari and prohibition, failed to prosecute the notice of motion dated 12.10.2005 for an extended period. The prolonged inaction amounted to non-compliance with procedural requirements and justified...
Source-derived case information.
- Citation
- [2024] KEHC 6528 (KLR)
- Parties
- Applicant: John Aboge Oludhe; Respondent: JK Chepchieng, District Commissioner; Respondent: Joshua Agengo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 240 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Judges
- MS Shariff
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Dismissal for Want of Prosecution, Land Adjudication, Ministerial Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Aboge Oludhe
Applicant
JK Chepchieng, District Commissioner
Respondent
Joshua Agengo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Want of Prosecution
Legal Issues
- 1 Whether the notice of motion dated 12.10.2005 should be dismissed for want of prosecution.
- 2 Whether the applicant complied with the court's leave to file a substantive application for certiorari and prohibition.
Ratio Decidendi
The court found that the applicant, having been granted leave to file a substantive application for orders of certiorari and prohibition, failed to prosecute the notice of motion dated 12.10.2005 for an extended period. The prolonged inaction amounted to non-compliance with procedural requirements and justified dismissal for want of prosecution. The court exercised its discretion to dismiss the motion to uphold the principle of expeditious justice and prevent unnecessary delay in the administration of justice.
Court Disposition
dismissed for want of prosecution
Orders
- The notice of motion dated 12.10.2005 is dismissed for want of prosecution.
- The file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Oludhe v Chepchieng, District Commissioner & another (Miscellaneous Case 240 of 2003) [2024] KEHC 6528 (KLR) (4 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6528 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case 240 of 2003
MS Shariff, J
June 4, 2024
Between
John Aboge Oludhe
Applicant
and
JK Chepchieng, District Commissioner
1st Respondent
Joshua Agengo
2nd Respondent
Ruling
1. On 11. 11. 2003 the ex parte Applicant herein was granted leave by this court to file a substantive application for orders of certiorari and prohibition against the order of District Commissioner Kisumu made on 12. 5.2003 in respect of Ministers Land Appeal No. 53 of 1992 in respect of Buoye Land Adjudication Section Parcel No. 4666 Kisumu District.
2. There was non compliance and on 17. 10. 2005 the ex parte Applicant filed a notice of motion dated 12. 10. 2005 which motion has never been prosecuted to-date wherefore I do hereby dismiss it for want of prosecution.
3. The file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 4TH DAY OF JUNE, 2024. M. S. SHARIFFJUDGE