[2017] KECA 40 (KLR)
The court determined that the applicant had not had sufficient time to respond to the affidavits and grounds of opposition served by the respondents and interested parties, and that the 1st respondent's counsel had also only just been served with the hearing notice. In the interests of justice and fairness, the...
Source-derived case information.
- Citation
- [2017] KECA 40 (KLR)
- Parties
- Applicant: The County Government of Bomet; Respondent: Moi University; Respondent: The Attorney General; Respondent: The Chief Land Registrar; Interested Party: Hon Prof. Wilfred Lessan, Hon Stephen Mutai, Hon Cecilia Ngetich, Hon Dr. Joyce Laboso, Hon Sammy Koesh, Hon Bernard Bett and Hon Ronald Tonui
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 65 of 2017
- Procedural Posture
- Miscellaneous Application / Interlocutory Application for Extension of Time
- Outcome
- adjourned with leave to file replying affidavits
- Legal Topics
- Extension of Time, Notice of Appeal, Record of Appeal, Service of Affidavits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The County Government of Bomet
Applicant
Moi University
Respondent
The Attorney General
Respondent
The Chief Land Registrar
Respondent
Hon Prof. Wilfred Lessan, Hon Stephen Mutai, Hon Cecilia Ngetich, Hon Dr. Joyce Laboso, Hon Sammy Koesh, Hon Bernard Bett and Hon Ronald Tonui
Interested Party
Procedural Posture
Miscellaneous Application / Interlocutory Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file a replying affidavit to the affidavits served by the respondents and interested parties.
- 2 Whether the hearing of the Notice of Motion should be adjourned to allow parties to respond adequately.
Ratio Decidendi
The court determined that the applicant had not had sufficient time to respond to the affidavits and grounds of opposition served by the respondents and interested parties, and that the 1st respondent's counsel had also only just been served with the hearing notice. In the interests of justice and fairness, the court exercised its discretion to grant the applicant leave to file and serve replying affidavits within 14 days of service. The court also noted that the related application (No. 76/2017) was a matter for a full bench and would be dealt with separately. The hearing of the current Notice of Motion was therefore adjourned to allow parties to adequately prepare and respond.
Court Disposition
adjourned with leave to file replying affidavits
Orders
- Leave is granted to the applicant to file and serve replying affidavits within 14 days of service of the replying affidavits by the respondents and interested parties.
- The hearing of the Notice of Motion is adjourned; a new hearing date shall be given.
Full Case Text
Judgment text and source record
37 paragraphs
IN THE COURT OF APPEAL
AT NYERI
(SITTING AT NAKURU)
(CORAM: G. B. M. KARIUKI J.A IN CHAMBERS)
CIVIL APPLICATION NO. 65 OF 2017
BETWEEN
THE COUNTY GOVERNMENT OF BOMET ...........………………… APPLICANT
AND
MOI UNIVERSITY ........................................................................ 1ST RESPONDENT
THE ATTORNEY GENERAL..........................................................2ND RESPONDENT
THE CHIEF LAND REGISTRAR....................................................3RD RESPONDENT
HON PROF. WIFRED LESSAN,HON STEPHEN MUTAI,
HON CECILIA NGETICH, HON DR. JOYCE LABOSO,
HON SAMMY KOESH, HON BERNARD
BETT AND HON RONALD TONUI.......................................INTERESTED PARTIES
(Being an application for extension of time to file a Notice of appeal and Record of Appeal out of time in an intended Appeal from the Judgment and Order of the High Court of Kenya at Bomet (delivered on 8th June, 2016 by (Muya, J.) in
Nakuru Petition No.3 of 2016
**********************************
ORDER OF THE COURT
When the Notice of Motion dated 9th June, 2017 was called out for hearing, Mr.Biko, learned counsel for the applicant had just been served with a replying affidavit filed by the interested parties which he says he has hardly digested. He has also just been served with grounds of opposition filed today by the 1st respondent. He seeks time to file replying affidavit/s to the affidavit by the interested parties and to the replying affidavits to be filed by the respondent. Learned counsel holding brief for Mr. Yego for the 1st respondent, Mr. Nyachiro, also seeks adjournment on the ground that Mr. Yego learned counsel was served only today about this hearing and needs time to prepare.
On his part Mr. Mutai, learned counsel for the interested parties seeks directions in view of the Notice of Motion filed as No. 76 of 2017 seeking to strike out the application before me now.
In the circumstances the Notice of Motion before me (i.e. 65/2017) cannot proceed to hearing. As prayed by Mr. Biko counsel for the applicant leave is hereby granted to the applicant to reply to the replying affidavit or affidavits by the respondent. Such reply shall be filed and served within 14 days of service of the replying affidavit.
As regards the request by Mr. Mutai, as the application No. 76/2017 filed in Nyeri is a matter for a full bench, directions shall be sought and given by the full bench in that file.
Another hearing date for the Notice of Motion before me shall be given.
Dated and delivered at Nakuru this 12th day of July, 2017.
G. B. M. KARIUKI
….......................……
JUDGE OF APPEAL
F. SICHALE
.............................
JUDGE OF APPEAL
S. ole KANTAI
………....................
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR