Republic v Chairman Kanduyi Land Disputes Tribunal Ex-Parte Abcolom Kisutia Masibo & Another [2013] KEHC 2487 (KLR)
- Court
- High Court of Kenya
- Case number
- 2487
- Citation
- [2013] KEHC 2487 (KLR)
- Decided
- 29 August 2013
I do not grant prayer 1 of the application. I will also not grant prayer (2) as deeming a matter closed is not a mandate of this court but by operation of law.
Facts
The applicant moved the court under Order 42 Rule 35 (2) of the Civil Procedure Rules and Section 3 & 3A of the Civil Procedure Act. The applicant argues the Respondent has not filed the substantive motion within 21 days and is therefore enjoying the stay of execution unlawfully.
Issues
- Validity of leave granted exparte
- Exercising due diligence by the Respondent
Reasoning
The court found that the leave granted was valid for 21 days for purposes of filing substantive motion. Once the leave is granted, the court is functus officio. The applicant can only challenge the validity or otherwise of the leave granted after the Respondent takes any further steps.
Outcome
The application is dismissed. Costs shall be in the cause.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Land Disputes Tribunal Act
Cases cited (1)
- R. Vs. ICPSK Nbi. Misc. case No. 322 of 2008
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