[2024] KEHC 6664 (KLR)
The court found that the judicial review application filed in 2003 had not been prosecuted since 21st April 2004, and no steps had been taken to progress the matter. In the interest of justice and efficient administration of court business, the court exercised its discretion to dismiss the application for want of...
Source-derived case information.
- Citation
- [2024] KEHC 6664 (KLR)
- Parties
- Applicant: Republic; Respondent: Ministry of Roads, Public Works & Housing; Applicant: Aggrey Obungu Nyapola
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 153 of 2003
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Dismissal for Want of Prosecution, Case Management
- 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
Republic
Applicant
Ministry of Roads, Public Works & Housing
Respondent
Aggrey Obungu Nyapola
Applicant
Procedural Posture
Miscellaneous Civil Application / Ruling on Want of Prosecution
Legal Issues
- 1 Whether the judicial review application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the judicial review application filed in 2003 had not been prosecuted since 21st April 2004, and no steps had been taken to progress the matter. In the interest of justice and efficient administration of court business, the court exercised its discretion to dismiss the application for want of prosecution. The court further ordered that there would be no order as to costs and directed that the file be closed.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 7th July 2003 is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Ministry of Roads, Public Works & Housing; Nyapola (Exparte) (Miscellaneous Civil Application 153 of 2003) [2024] KEHC 6664 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6664 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 153 of 2003
RE Aburili, J
June 3, 2024
Between
Republic
Applicant
and
Ministry of Roads, Public Works & Housing
Respondent
and
Aggrey Obungu Nyapola
Exparte
Ruling
1. This is a Judicial Review matter filed in 2003 which has never been prosecuted.
2. It was last in court on 21st April 2004 when it was stood over generally.
3. For want of prosecution, the application dated 7th July 2003 is dismissed.
4. No orders as to costs.
5. The file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024. R. E. ABURILIJUDGE