[2020] KEHC 1192 (KLR)
The court found that the applicant failed to comply with directions issued on 20th July 2020 and 31st August 2020 and did not prosecute the Chamber Summons application dated 22nd May 2020. In the absence of compliance or prosecution, the court exercised its discretion to dismiss the application for want of...
Source-derived case information.
- Citation
- [2020] KEHC 1192 (KLR)
- Parties
- Applicant: Yussuf Swaleh Ramadhan; Respondent: The Kadhis Court Nairobi; Respondent: The Attorney General; Interested Party: Farida Adam
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 110 o 20 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Prosecution of Chamber Summons
- Outcome
- Application dismissed for want of prosecution; case marked as 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
Yussuf Swaleh Ramadhan
Applicant
The Kadhis Court Nairobi
Respondent
The Attorney General
Respondent
Farida Adam
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Prosecution of Chamber Summons
Legal Issues
- 1 Whether the applicant complied with court directions issued on 20th July 2020 and 31st August 2020.
- 2 Whether the Chamber Summons application dated 22nd May 2020 should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant failed to comply with directions issued on 20th July 2020 and 31st August 2020 and did not prosecute the Chamber Summons application dated 22nd May 2020. In the absence of compliance or prosecution, the court exercised its discretion to dismiss the application for want of prosecution, thereby closing the case.
Court Disposition
Application dismissed for want of prosecution; case marked as closed.
Orders
- The Chamber Summons application dated 22nd May 2020 is dismissed for want of prosecution with no order as to costs.
- The case is marked as closed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 110 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR
JUDICIALREVIEW ORDERS OF CERTIORARI
AND PROHIBITION
BETWEEN
YUSSUF SWALEH RAMADHAN....................................................APPLICANT
VERSUS
THE KADHIS COURT NAIROBI..........................................1ST RESPONDENT
THE ATTORNEY GENERAL.................................................2ND RESPONDENT
AND
FARIDA ADAM...................................................................INTERESTED PARTY
RULING
1. There is no record of compliance by the ex parte Applicant with the directions given by this Court on 20th July 2020 and 31st August 2020, nor of prosecution of his Chamber Summons application dated 22nd May 2020.
2. In the premises I hereby order as follows:
I. TheChamber Summons application dated 22nd May 2020. Is hereby dismissed for want of prosecution with no order as to costs, and this case is accordingly marked as closed.
II. The Deputy Registrar ofthe 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 November 2020.
3. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 9TH NOVEMBER 2020
P. NYAMWEYA
JUDGE