Republic v Minister for Lands & 4 others; Ndolo (Exparte); Ndolo (Interested Party) (Environment and Land Judicial Review Case 2 of 2023) [2025] KEELC 3841 (KLR) (15 May 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3841
- Citation
- [2025] KEELC 3841 (KLR)
- Decided
- 15 May 2025
Summary at a glance
TypeJudicial ReviewPostureAppeal from an original trialCoramEO OBAGA
The second Notice of Motion should be allowed to amend the first one, and the Ex-parte Applicant's application for amendment is granted with thrown away costs.
Facts
The Ex-parte Applicant filed an application for leave to institute judicial review proceedings on 3rd October, 2023. Directions were issued for the filing of the substantive Notice of Motion within 21 days. The Ex-parte Applicant filed a second Notice of Motion without accompanying documents, seeking leave to file for orders of certiorari and mandamus.
Issues
- Whether the second Notice of Motion should be allowed to amend the first one
- Whether the Ex-parte Applicant's delay in filing the amendment application is justifiable
Reasoning
The amendments sought are material to the suit and bring out clarity in the pleadings. The delay in making the application is not inordinate.
Outcome
Appeal dismissed
Orders
- Leave granted to the Ex-parte Applicant to amend his Notice of Motion within 7 days
- Ex-parte Applicant shall pay Kshs.10,000/= as thrown away costs to the Interested Party
Authorities cited
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