Republic v Attorney General & 6 others; Wilson (Ex parte Applicant) (Environment and Land Judicial Review Case E005 of 2024) [2025] KEELC 7394 (KLR) (29 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7394
- Citation
- [2025] KEELC 7394 (KLR)
- Decided
- 29 October 2025
Summary at a glance
TypeJudicial ReviewPostureApplication to strike out replying affidavitCoramCK NZILI
The replying affidavit is struck out with costs
Facts
The applicant seeks to strike out the replying affidavit of the 1st to 7th respondents, alleging that it was not filed and served within 14 days as ordered by the court. The respondents filed a revised and corrected version of the affidavit after the judgment was set aside.
Issues
- Whether the replying affidavit was filed and served within the required time
- Whether the respondents have a right to file a revised affidavit after the judgment was set aside
Reasoning
The court found that the respondents did not file the replying affidavit within the required 14 days and without leave, and that the affidavit was not served on time. The court also noted that the respondents have not provided sufficient reasons for the delay.
Outcome
The application is granted
Orders
- The replying affidavit is struck out with costs
Authorities cited
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