Nyabera (Suing as Administrator) v Mohabe & another (Environment & Land Case E011 of 2024) [2024] KEELC 14223 (KLR) (18 November 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 14223
- Citation
- [2024] KEELC 14223 (KLR)
- Decided
- 18 November 2024
Summary at a glance
TypeApplication for Leave to File Responses and SubmissionsPostureApplication for leave to file responses and submissions, and for costCoramGMA ONGONDO
The application is allowed in the ends of justice, and the applicants are granted leave to file their responses and submissions under the terms and conditions deemed fit by the court.
Facts
The applicants failed to respond to the respondent's application dated 9th August 2024 due to the loss of a family member, Philip Mohabe (Deceased), whose body the respondent seeks to exhume.
Issues
- Whether the applicants are entitled to be heard in the respondent's application due to their bereavement
- Whether the applicants' application is incompetent and an abuse of the court process
Reasoning
The court found that the applicants were entitled to a fair opportunity to be heard due to their bereavement, and that the right to be heard is fundamental to the justice system.
Outcome
The application is allowed.
Orders
- Granting leave to file responses and submissions under the terms and conditions deemed fit by the court
- Granting leave to file the replying affidavit with leave of court
- Providing costs of the application
Remedies
- Granting leave to file responses and submissions
- Granting leave to file the replying affidavit with leave of court
- Providing costs of the application
Authorities cited
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