[2021] KEHC 7936 (KLR)
The court found that the applicant failed to comply with its directions to file and serve submissions and to provide evidence of service on the respondents. There was no response from the respondents either. In the absence of compliance and prosecution of the application, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2021] KEHC 7936 (KLR)
- Parties
- Applicant: David Kariuki Gichiri; Respondent: Xplico Insurance Company Limited; Respondent: Insurance Regulatory Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E082 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Chamber Summons for Want of Prosecution
- Outcome
- application dismissed for want of prosecution; case closed
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kariuki Gichiri
Applicant
Xplico Insurance Company Limited
Respondent
Insurance Regulatory Authority
Respondent
Procedural Posture
Judicial Review Application / Ruling on Chamber Summons for Want of Prosecution
Legal Issues
- 1 Whether the applicant prosecuted the Chamber Summons application as directed by the court.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant failed to comply with its directions to file and serve submissions and to provide evidence of service on the respondents. There was no response from the respondents either. In the absence of compliance and prosecution of the application, the court exercised its discretion to dismiss the Chamber Summons application for want of prosecution and marked the case as closed, with no order as to costs.
Court Disposition
application dismissed for want of prosecution; case closed
Orders
- The ex parte Applicant’s Chamber Summons application dated 23rd December 2020 is 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 by electronic mail by close of business on Thursday, 12th February 2021.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC E082 OF 2020
BETWEEN
DAVID KARIUKI GICHIRI..................................................APPLICANT
VERSUS
XPLICO INSURANCE COMPANY LIMITED..........1ST RESPONDENT
INSURANCE REGULATORY AUTHORITY............2ND RESPONDENT
RULING
1. On 7th January 2021, this Court directed the ex parte Applicant to file and serve the Respondents with his Chamber Summons dated 23rd December 2020, and to also file and serve submissions thereon within fourteen days. The Respondents were also granted leave to file and serve reply submissions within fourteen d days of service.
2. Upon perusal of the Court record, I note that the ex parte Applicant has not provided any evidence of service on the Respondents nor has he filed any submissions. There is also no response from the Respondents on record
3. In the premises I hereby order as follows:
I.The ex parte Applicant’s Chamber Summons application dated 23rd December 2020 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 by electronic mail by close of business on Thursday, 12th February 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 8TH DAY OF FEBRUARY 2021
P. NYAMWEYA
JUDGE