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Mariqueta Nkoyai M’Thiringi & another v District Land Adjudication & Settlement Officer Karama Adjudication Section & another [2021] KEELC 234 (KLR)

[2021] KEELC 234 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
234
Citation
[2021] KEELC 234 (KLR)
Decided
15 December 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for extension of time to file judicial review proceedingsCoramHON. C.K. NZILI, Miss Gatheru for Aketch for applicants, Kieti for 1st and 2nd respondents
Holding

The application for extension of time to file a notice of motion is dismissed with costs.

Facts

The applicants sought leave to file judicial review proceedings against the respondents, but delayed due to instruction fees and court systems being down. They also failed to seek leave within the 60-day validity period of the consent to sue.

Issues

  1. Locus standi
  2. Timelines for judicial review proceedings
  3. Extension of time to file notice of motion

Reasoning

The applicants failed to demonstrate capacity to file the substantive motion, and their failure to seek and file vital documents accompanying the application for leave is fatal.

Outcome

Application dismissed with costs

Authorities cited

Legislation (3)
  • Civil Procedure Act
  • Law Reform Act
  • Fair and Administrative Actions Act 2015
Cases cited (1)
  • Republic –vs- Kenya Revenue Authority Exparte Stanley Mombo Amuti [2018] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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