Case ID:169812

Taherali Hassanali & another v Director of Public Prosecution & another [2021] eKLR

Case Metadata

Case Number:

Judicial Review Miscellaneous Application E057 of 2020

Parties:

Taherali Hassanali & Zoeb Ezzi v Director of Public Prosecution & Chief Magistrate’s Court, Kibera Law Courts

Date Delivered:

20 Jan 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Taherali Hassanali & another v Director of Public Prosecution & another [2021] eKLR

Court Division:

Judicial Review

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW MISCELLANOUS APPLICATION NO. E057 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW

ORDERS OF PROHIBITION AND CERTIORARI

BETWEEN

TAHERALI HASSANALI...................................................1

ST

APPLICANT

ZOEB EZZI..........................................................................2

ND

APPLICANT

VERSUS

THE DIRECTOR OF PUBLIC PROSECUTION.........1

ST

RESPONDENT

CHIEF MAGISTRATE’S COURT,

KIBERA LAW COURTS................................................2

ND

RESPONDENT

RULING NO 2

1. This Court (Mativo J.), in a ruling delivered on 24

th

August 2020, directed the Applicant herein to join the complainants in the criminal case commenced against them as interested parties, and to serve all the parties with the Amended application within seven( 7) days. On 7

th

October 2020, when the matter came up for mention, the learned Judge noted that the Applicants had not complied, and granted them twenty- one (21) days to comply, and in default, the suit would stand dismissed.

2. I have perused the Court record, and there is no record of any compliance by the Applicants. In effect, the outcome of the non-compliance is that there is no pending matter in this suit for determination by the Court.

3. In the premises I direct and order as follows:

I.

This suit is dismissed for non-prosecution and this file is hereby marked as closed.

II.

The Deputy Registrar of

the Judicial Review Division shall send a copy of this ruling to the Applicants by electronic mail by close of business on

Thursday, 21

st

January 2021

.

4. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 20

TH

DAY OF JANUARY 2021

P. NYAMWEYA

JUDGE