[2024] KEHC 6681 (KLR)
The court found that the application for judicial review orders was rendered moot because the original proceedings in Siaya Resident Magistrate Civil Application No. 66 of 2003 had already been concluded. As a result, the application was overtaken by events and no longer served any practical purpose. Furthermore,...
Source-derived case information.
- Citation
- [2024] KEHC 6681 (KLR)
- Parties
- Applicant: Republic; Respondent: Resident Magistrates Court, Siaya; Applicant: Lucas Apiyo Aloo; Defendant: William Ogola Magoha
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 154 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judicial Review Orders
- Outcome
- application dismissed for want of prosecution; file closed
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Resident Magistrates Court, Siaya
Respondent
Lucas Apiyo Aloo
Applicant
William Ogola Magoha
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judicial Review Orders
Legal Issues
- 1 Whether the application for judicial review orders of certiorari and prohibition should be entertained after the original suit was concluded.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the application for judicial review orders was rendered moot because the original proceedings in Siaya Resident Magistrate Civil Application No. 66 of 2003 had already been concluded. As a result, the application was overtaken by events and no longer served any practical purpose. Furthermore, the applicant failed to prosecute the application since 2003, and no steps were taken to advance the matter. In the interests of justice and judicial economy, the court exercised its discretion to dismiss the application for want of prosecution and ordered the file closed.
Court Disposition
application dismissed for want of prosecution; file closed
Orders
- The application dated 28th July 2003 is dismissed for want of prosecution.
- This file is now closed.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Resident Magistrates Court, Siaya; Aloo (Exparte); Magoha (Interested Party) (Miscellaneous Civil Application 154 of 2003) [2024] KEHC 6681 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6681 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 154 of 2003
RE Aburili, J
June 3, 2024
Between
Republic
Applicant
and
Resident Magistrates Court, Siaya
Respondent
and
Lucas Apiyo Aloo
Exparte
and
William Ogola Magoha
Interested Party
Ruling
1. This is a 2003 matter initiated by way of Notice of Motion dated 28th July 2003 seeking for Judicial Review orders of Certiorari and Prohibition.
2. The application was never prosecuted as the original suit whose proceedings were sought to be quashed is Siaya Resident Magistrate Civil Application No. 66 of 2003 which was concluded, from the record, it is clear that the application subject of this file was overtaken by events and died naturally.
3. Nonetheless, as there must be an order closing the file, the application dated 28th July 2003 is hereby dismissed for want of prosecution.
4. This file is now closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE