Case ID:174591

Milton Nyakundi Oriku v Sports Disputes Tribunal [2021] eKLR

Case Metadata

Case Number:

Judicial Review Application E1116 of 2020

Parties:

Milton Nyakundi Oriku v Sports Disputes Tribunal

Date Delivered:

22 Apr 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Milton Nyakundi Oriku v Sports Disputes Tribunal [2021] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Application dismissed

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 APPLICATION NO. E1116 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR

JUDICIAL REVIEW ORDERS OF MANDAMUS

BETWEEN

MILTON NYAKUNDI ORIKU........................................................................APPLICANT

VERSUS

THE SPORTS DISPUTES TRIBUNAL.......................................................

RESPONDENT

RULING NO.2

1. On 4

th

February 2021, this Court gave the following directions herein:

i. The

ex parte

Applicant shall serve the Respondent with (i) the

Chamber Summons dated 12

th

October 2020, (ii) the submissions dated 10

th

January 2021 on the said Chamber Summons (iii) a copy of these directions and (iv) a hearing notice with twenty-one (21) days of today’s date.

ii. The

parte

Applicant shall also file an affidavit attesting to service on the Respondent of the said pleadings and documents within the said

twenty-one (21) days.

iii. In the event of non-compliance by the

ex parte

Applicant, the Chamber Summons

dated 12

th

October 2020

shall be liable to dismissal for non- prosecution.

iv. The Respondent is granted leave to file and serve its responses to the

Chamber Summons dated 12

th

October 2020 and skeletal submissions thereon within twenty-one (21) days of service by the

ex parte

Applicant.

v. The

Chamber Summons dated 12

th

October 2020 shall be heard on

22

nd

April 2021

.

2. Upon perusal of the Court record there is no affidavit filed attesting to such service, and there is no response filed by the Respondent. It is also notable that this is the third instance there has been non-compliance by the

ex parte

Applicant with the directions of the Court.

3. In the circumstances, I hereby order as follows:

i. The

ex parte

Applicant’s Chamber Summons

dated 12

th

October 2020 is hereby dismissed

for non-compliance and non- prosecution, with no order as to costs. 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 Friday, 23

rd

April 2021.

4. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 22

ND

DAY OF APRIL 2021

P. NYAMWEYA

JUDGE