[2020] KEHC 2196 (KLR)
The court found that the ex parte Applicant failed to comply with its order to file and serve the substantive Notice of Motion within the extended period granted. The absence of compliance or any explanation for the delay led the court to conclude that the Applicant had not prosecuted its case. Consequently, the...
Source-derived case information.
- Citation
- [2020] KEHC 2196 (KLR)
- Parties
- Applicant: Consumer Link Communications Limited; Respondent: Nairobi County Government; Respondent: Nairobi Metropolitan Service; Interested Party: Backlite Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 106 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Non Compliance and Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Dismissal for Want of Prosecution, Extension of Time
- 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
Consumer Link Communications Limited
Applicant
Nairobi County Government
Respondent
Nairobi Metropolitan Service
Respondent
Backlite Limited
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Non Compliance and Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the ex parte Applicant complied with the court's order to file and serve the substantive Notice of Motion within the extended period.
- 2 Whether the suit should be dismissed for want of prosecution due to non-compliance.
Ratio Decidendi
The court found that the ex parte Applicant failed to comply with its order to file and serve the substantive Notice of Motion within the extended period granted. The absence of compliance or any explanation for the delay led the court to conclude that the Applicant had not prosecuted its case. Consequently, the suit was dismissed for want of prosecution, with no order as to costs, to uphold the efficient administration of justice and prevent undue delay in court proceedings.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 106 OF 2020
BETWEEN
REPUBLIC...............................................................................................APPLICANT
VERSUS
NAIROBI COUNTY GOVERNMENT.......................................1ST RESPONDENT
NAIROBI METROPOLITAN SERVICE..................................2ND RESPONDENT
AND
BACKLITE LIMITED...........................................................INTERESTED PARTY
EX PARTE APPLICANT:CONSUMER LINK COMMUNICATIONS LIMITED
RULING
1. On 29th July 2020, this Court extended the time for the ex parte Applicant to file and serve its substantive Notice of Motion within fourteen (14) days. The ex parte Applicant was also directed to serve the Respondent and Interested Party with its pleadings and submissions to facilitate their responses.
2. I have perused the Court record and note that the ex parte Applicant has not complied.
3. In the premises, this suit is hereby dismissed for want of prosecution with no order as to costs. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the Applicant by electronic mail by close of business on Thursday, 8th October 2020.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 5TH DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE