Republic v Naivasha District Land Registrar & 3 others; Macharia (Exparte Applicant) (Environment and Land Judicial Review Case 1 of 2023) [2024] KEELC 488 (KLR) (2 February 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 488
- Citation
- [2024] KEELC 488 (KLR)
- Decided
- 2 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for Judicial ReviewCoramOMBWAYO
Holding
The court finds that the Notice of Motion was filed out of time without leave and has no jurisdiction to entertain it, thus striking out the application.
Facts
The applicant obtained leave to file an application for Judicial Review on September 22, 2023, but filed the Notice of Motion almost 24 days later, on October 16, 2023, without leave.
Issues
- Whether the court has jurisdiction to entertain the Notice of Motion filed out of time without leave.
- Whether the Notice of Motion was filed within the required 21 days of grant of leave.
Reasoning
The court ruled that the Notice of Motion must be filed within 21 days of grant of leave, and since it was filed after 21 days without leave, the court has no jurisdiction.
Outcome
Application struck out
Orders
- Application for Judicial Review struck out
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law Reform Act
Cases cited (1)
- Wilson Osolo v John Ojiambo Ochola & the Attorney General CA No. 6 Nairobi of 1995
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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