[2021] KEHC 7865 (KLR)
The ex parte Applicant failed to comply with the court's directions to serve the Respondent and file submissions in support of the application for leave to commence judicial review proceedings. Despite being granted an additional opportunity to comply, there was no record of service or submissions. The Court found...
Source-derived case information.
- Citation
- [2021] KEHC 7865 (KLR)
- Parties
- Applicant: Republic; Respondent: The Commissioner for Co-operative Development; Applicant: Habakkuk H.O Wamududa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E1117 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Application for Leave; Dismissal for Want of Prosecution
- Outcome
- application and suit dismissed for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus, Leave to Apply, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Commissioner for Co-operative Development
Respondent
Habakkuk H.O Wamududa
Applicant
Procedural Posture
Judicial Review Application / Ruling on Application for Leave; Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the ex parte Applicant complied with the court's directions to serve the Respondent and file submissions.
- 2 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The ex parte Applicant failed to comply with the court's directions to serve the Respondent and file submissions in support of the application for leave to commence judicial review proceedings. Despite being granted an additional opportunity to comply, there was no record of service or submissions. The Court found that this lack of prosecution and non-compliance with its orders warranted dismissal of the application and the suit. The dismissal was made without an order as to costs, and the Deputy Registrar was directed to notify the ex parte Applicant of the ruling by electronic mail.
Court Disposition
application and suit dismissed for want of prosecution
Orders
- The Chamber Summons dated 14th October 2020 and this suit are dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E1117 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF MANDAMUS
BETWEEN
REPUBLIC....................................................................APPLICANT
VERSUS
THE COMMISSIONER FOR
CO-OPERATIVE DEVELOPMENT............................RESPONDENT
EX PARTE APPLICANT:..............HABAKKUK H.O WAMUDUDA
RULING
1. On 14th October 2020, this Court delivered a ruling directing the ex parte Applicant to serve the Respondent with its application by way of a Chamber Summons dated 14th October 2020 seeking leave to commence judicial review proceedings, and submissions thereon. Despite being granted another opportunity to comply on 14th December 2020, there is still no record of any submissions filed by the ex parte Applicant, nor of service of its pleadings on the Respondent.
2. In the circumstances, I hereby dismiss the Chamber Summons dated 14th October 2020 and this suit for want of prosecution, 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 Applicant by electronic mail by close of business on Friday, 5th February 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 4TH DAY OF FEBRUARY 2021
P. NYAMWEYA
JUDGE