Republic v Land Adjudication and Settlement Officer Meru Central & another Exparte M’thuranira M’mutea; Bebnard M’imagana & 2 others (Interested parties) [2021] KEHC 1457 (KLR)
- Court
- High Court of Kenya
- Case number
- 1457
- Citation
- [2021] KEHC 1457 (KLR)
- Decided
- 8 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for leave to apply for judicial reviewCoramHON. C.K. NZILI, NDUBI, KIETI, KAUME
Holding
The court allows the application and orders the substantive motion to be filed within 7 days from the date of the judgment, with responses to be filed within 14 days.
Facts
The applicant seeks to extend the time to file a substantive motion due to a mistake by their former advocate, who did not file the motion on time. The advocate claims the motion was filed but was not discovered until after the deadline.
Issues
- Whether to extend the time to file the substantive motion
- Whether the notice of motion is valid
Reasoning
The court found the delay was due to a mistake by the former advocate and not intentional. The court extended the time due to the lack of prejudice to the respondents and the absence of directives being followed.
Outcome
The application is granted.
Orders
- Substantive motion to be filed within 7 days
- Responses to be filed within 14 days
- Matter to be listed for case conference within 45 days
Authorities cited
Legislation (2)
- Civil Procedure Act
- Law Reform Act
Cases cited (3)
- Wilson Osolo –vs- John Ojiambo Ochola & Another [1996] eKLR
- Republic –vs- Speaker of Nairobi City Council Assembly & Another Exparte Evans Kidero [2017] eKLR
- Aviation & Allied Workers Union –vs- KQ [2015] eKLR
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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