[2020] KEHC 884 (KLR)
The court found that the ex parte Applicant failed to comply with its directions to file and serve the substantive Notice of Motion and submissions. As a result, there was no prosecution of the matter. The court exercised its discretion to dismiss the suit for want of prosecution, marking the case as closed, and...
Source-derived case information.
- Citation
- [2020] KEHC 884 (KLR)
- Parties
- Applicant: Republic; Respondent: Registrar of Companies; Applicant: Housefarm
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 16 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Registrar of Companies
Respondent
Housefarm
Applicant
Procedural Posture
Judicial Review Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the ex parte Applicant complied with the Court's directions to file and serve the substantive Notice of Motion and submissions.
- 2 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the ex parte Applicant failed to comply with its directions to file and serve the substantive Notice of Motion and submissions. As a result, there was no prosecution of the matter. The court exercised its discretion to dismiss the suit for want of prosecution, marking the case as closed, and made no order as to costs.
Court Disposition
suit dismissed for want of prosecution
Orders
- This suit is hereby dismissed for want of prosecution with no order as to costs, and this case is accordingly marked as closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondent by electronic mail by close of business on Thursday, 12th November 2020.
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. 16 OF 2020
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW ORDERS OF MANDAMUS
BETWEEN
REPUBLIC.........................................................................................................APPLICANT
VERSUS
THE REGISTRAR OF COMPANIES........................................................RESPONDENT
EX PARTE APPLICANT: ............................................................................HOUSEFARM
RULING
1. On 13th July 2020, this Court directed the ex parte Applicant to file and serve its substantive Notice of Motion and submissions thereon. Upon perusal of the Court record, I note that the ex parte Applicant has not complied with the directions.
2. In the premises I hereby order as follows:
I.This suit ishereby dismissed for want of prosecution with no order as to costs, and this case is accordingly marked as closed.
II. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondent by electronic mail by close of business on Thursday, 12th November 2020.
3. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 11TH DAY OF NOVEMBER 2020
P. NYAMWEYA
JUDGE