[2021] KEHC 9251 (KLR)
The court found that the ex parte Applicants failed to comply with its directive to serve the Respondent and Interested Party with the Chamber Summons application and submissions. As there was no evidence of compliance or steps taken to prosecute the matter, the court exercised its discretion to dismiss the suit for...
Source-derived case information.
- Citation
- [2021] KEHC 9251 (KLR)
- Parties
- Applicant: Republic; Respondent: Public Procurement Administrative Review Board; Defendant: Trident Insurance Company Limited; Applicant: Accounting Officer, County Assembly of Nyamira; Applicant: AG Clerk, County Assembly of Nyamira
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E1134 of 2020
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Dismissal for Want of Prosecution, Public Procurement, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Public Procurement Administrative Review Board
Respondent
Trident Insurance Company Limited
Defendant
Accounting Officer, County Assembly of Nyamira
Applicant
AG Clerk, County Assembly of Nyamira
Applicant
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Want of Prosecution
Legal Issues
- 1 Whether the ex parte Applicants complied with the court's directive to serve the Respondent and Interested Party with the application and submissions.
- 2 Whether the suit should be dismissed for want of prosecution due to non-compliance.
Ratio Decidendi
The court found that the ex parte Applicants failed to comply with its directive to serve the Respondent and Interested Party with the Chamber Summons application and submissions. As there was no evidence of compliance or steps taken to prosecute the matter, the court exercised its discretion to dismiss the suit for want of prosecution. The dismissal was made without an order as to costs, and the Deputy Registrar was directed to notify the parties accordingly.
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
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. E1134 OF 2020
BETWEEN
REPUBLIC...........................................................................APPLICANT
VERSUS
PUBLIC PROCUREMENT ADMINISTRATIVE
REVIEW BOARD............................................................RESPONDENT
AND
TRIDENT INSURANCE COMPANY LIMITED....INTERESTED PARTY
EX PARTE:
1. ACCOUNTING OFFICER, COUNTY ASSEMBLY OF NYAMIRA
2. AG CLERK, COUNTY ASSEMBLY OF NYAMIRA
RULING
1. On 18th November 2020, this Court directed the ex parte Applicants herein to serve the Respondent and Interested Party with their Chamber Summons application dated 17th November 2020 and submissions thereon, for inter partes hearing.
2. Upon perusal of the court record, I note that there has been no compliance by the ex parte Applicants. In the circumstances, I hereby dismiss 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 Applicants, Respondent, and Interested Party by electronic mail by close of business on Thursday, 28th January 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 26th DAY OF JANUARY 2021
P. NYAMWEYA
JUDGE