Republic v Tax Appeals Tribunal Ex parte Diamond Industries Limited [2016] KEHC 2426 (KLR)
- Court
- High Court of Kenya
- Case number
- 2426
- Citation
- [2016] KEHC 2426 (KLR)
- Decided
- 26 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondent seeks to strike out the applicant's Motion for failure to file within time, while the applicant seeks extension of timeCoramG V Odunga
Holding
The applicant's application for extension of time is granted, and the Motion is deemed to have been filed and served within time
Facts
The applicant failed to file its Motion within the prescribed time due to delay in receiving signed copies of the supporting affidavit from its advocate in Mombasa. The Motion was filed 3 days out of time.
Issues
- Whether the applicant's Motion was filed out of time
- Whether the applicant's application for extension of time should be granted
Reasoning
The Court finds the delay in filing the Motion to be excusable and grants the extension, allowing the applicant to file the Motion within the prescribed time
Outcome
The applicant's application for extension of time is granted
Orders
- Enlarging the time for the filing and service of the substantive Motion
Remedies
- The applicant is granted an extension of time to file and serve the substantive Motion
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Interpretation and General Provisions 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.
Loading judgment…