Republic v Attorney General & 5 others; Wuomuga (Exparte Applicant) (Miscellaneous Application E004 of 2022) [2023] KEELC 16985 (KLR) (27 April 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16985
- Citation
- [2023] KEELC 16985 (KLR)
- Decided
- 27 April 2023
Summary at a glance
TypeJudicial ReviewPostureAppeal from original trialCoramE ASATI
The judicial review application was not filed out of time and the preliminary objection lacks merit.
Facts
The ex parte applicant seeks to review a decision issued on February 18, 2022, related to the amendment to registry index map and subdivisions of land. The 4th Respondent raised a preliminary objection that the application was time barred and frivolous.
Issues
- Whether the judicial review application was filed out of time
- Whether the application is subject to the Limitation period provided in Civil Procedure Rules and Law Reform Act
Reasoning
The court dismissed the preliminary objection based on the provisions of Civil Procedure Rules and Law Reform Act, noting that the application was filed within the prescribed time limit.
Outcome
The application is dismissed with costs.
Orders
- The preliminary objection is dismissed
Remedies
- Costs to the ex parte applicant
Authorities cited
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