[2020] KEHC 1218 (KLR)
The court found that the ex parte Applicant failed to comply with explicit directions to file and serve submissions on both the prayer for stay and the substantive Notice of Motion. The Respondent, in contrast, complied by filing its submissions. The Applicant's non-compliance constituted a lack of prosecution,...
Source-derived case information.
- Citation
- [2020] KEHC 1218 (KLR)
- Parties
- Applicant: Republic; Respondent: Technical Vocational Education Training Authority; Applicant: Alison Community Based Organisation
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 19 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Dismissal for Want of Prosecution, Procedural Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Technical Vocational Education Training Authority
Respondent
Alison Community Based Organisation
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 submissions on the prayer for stay and the substantive Notice of Motion.
- 2 Whether the suit should be dismissed for want of prosecution due to non-compliance with court orders.
Ratio Decidendi
The court found that the ex parte Applicant failed to comply with explicit directions to file and serve submissions on both the prayer for stay and the substantive Notice of Motion. The Respondent, in contrast, complied by filing its submissions. The Applicant's non-compliance constituted a lack of prosecution, justifying dismissal of both the Chamber Summons and the Notice of Motion. The court exercised its discretion to dismiss the applications for want of prosecution, with no order as to costs, and marked the case as closed.
Court Disposition
dismissed for want of prosecution
Orders
- The prayer for stay in the ex parte Applicant’s Chamber Summons application dated 24th January 2020 and the ex parte Applicant’s Notice of Motion dated 29th January 2020 are dismissed for want of prosecution with no order as to costs.
- This case is marked as closed.
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. 19 OF 2020
BETWEEN
REPUBLIC................................................................................................................APPLICANT
VERSUS
TECHNICAL VOCATIONAL EDUCATION TRAINING AUTHORITY.....RESPONDENT
EX PARTE APPLICANT: ALISON COMMUNITY BASED ORGANISATION
RULING
1. 0n 13th July 2020, this Court granted the ex parte Applicant the last opportunity to files and serves skeletal submissions on the prayer for stay in its Chamber Summons dated 24th January 2020, and to also file and serve its submissions on the substantive Notice of Motion dated 29th January 2020, failing which the suit would be dismissed. The Respondent was also granted leave to file and serve reply submissions within thirty days of service.
2. Upon perusal of the Court record, I note that the ex parte Applicant has not complied with the directions to file submissions, while the Respondent filed submissions dated 10th June 2020.
3. In the premises I hereby order as follows:
I.The prayer for stay in the ex parte Applicant’s Chamber Summons application dated 24th January 2020 and the ex parte Applicant’s Notice of Motion dated 29th January 2020are hereby 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.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 11TH DAY OF NOVEMBER 2020
P. NYAMWEYA
JUDGE