1. On 16th February 2024, the Ex-parte applicant was granted leave to file the substantive suit within 14 days and also serve the other parties.
2. As at 24th June 2024 when the matter came up for mention for directions, the Ex-parte Applicants had not complied with the said orders and the ex parte applicant was not in court to explain the reason for non-compliance when the matter was called out.
3. Order 53 Rule 3 of the Civil Procedure Rules 2010 provides that when leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made within twenty-one days by notice of motion to the High Court, and there shall, unless the judge granting leave has otherwise directed, be at least eight clear days between the service of the notice of motion and the day named therein for the hearing.
4. The Substantive suit has not been filed.
Disposition;
5. It is this court's finding and I so hold that the suit has abated by dint of Order 53 rule 3 of the civil procedure rules 2010.
Order;
This suit is dismissed with costs.