Republic v Principal Magistrate Kerugoya & 2 others Ex-Parte Nancy Wathiba Kimoo [2014] KEHC 989 (KLR)
- Court
- High Court of Kenya
- Case number
- 989
- Citation
- [2014] KEHC 989 (KLR)
- Decided
- 8 December 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte applicant seeks leave to apply for orders of Judicial ReviewCoramB.N. Olao, Mwangi, Mr. Magee, Mr. Ombongi
Holding
The Court will not make an order as to costs.
Facts
Ex-parte applicant filed an application for leave to apply for orders of Judicial Review on 15th June 2010. The application was heard by W. Karanja J. on 21st June 2010, who allowed it and directed the main application to be filed within 21 days. The application was not filed within the time limit due to a clerical error.
Issues
- Whether the Court has discretion to extend time beyond the 21 days prescribed under Order 53 Rule 3 (1) of the Civil Procedure Rules
- Whether the interests of justice will be best served by making no order as to costs
Reasoning
The application was not filed within the prescribed time due to a clerical error, and the interests of justice will be best served by not making an order as to costs.
Outcome
No order as to costs
Orders
- No order as to costs
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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