[2024] KEELC 3458 (KLR)
The court found that the application for extension of time and leave to file suit out of time was properly served on all respondents, including through substituted service in a national newspaper. No response or opposition was filed by any of the respondents. The court held that, in the absence of opposition and...
Source-derived case information.
- Citation
- [2024] KEELC 3458 (KLR)
- Parties
- Applicant: Silas Kirimi Kamwira; Respondent: County Government Of Isiolo & 50 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Originating Summons E01 of 2023
- Procedural Posture
- Originating Summons / Ruling on Application for Extension of Time and Leave to File Suit Out of Time
- Outcome
- application allowed as unopposed
- Judges
- PM Njoroge
- Legal Topics
- Extension of Time, Leave to File Out of Time, Service of Process, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Kirimi Kamwira
Applicant
County Government Of Isiolo & 50 Others
Respondent
Procedural Posture
Originating Summons / Ruling on Application for Extension of Time and Leave to File Suit Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file suit out of time against the respondents.
- 2 Whether the leave should operate to subsequent transferees of the plots.
- 3 Whether the application should be allowed as unopposed due to lack of response from the respondents.
Ratio Decidendi
The court found that the application for extension of time and leave to file suit out of time was properly served on all respondents, including through substituted service in a national newspaper. No response or opposition was filed by any of the respondents. The court held that, in the absence of opposition and given the applicant's compliance with procedural requirements, the application should be allowed. The court further noted that the law permits seeking leave before filing suit out of time and that the respondents retain the right to challenge the leave during the hearing of the substantive suit. The application was therefore granted as unopposed, with costs in the cause.
Court Disposition
application allowed as unopposed
Orders
- The application dated 21st July 2023 is allowed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
Kamwira v County Government Of Isiolo & 50 Others (Originating Summons E01 of 2023) [2024] KEELC 3458 (KLR) (8 April 2024) (Ruling)
Neutral citation: [2024] KEELC 3458 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Originating Summons E01 of 2023
PM Njoroge, J
April 8, 2024
Between
Silas Kirimi Kamwira
Applicant
and
County Government Of Isiolo & 50 Others
Respondent
Ruling
1. This application is dated 21st of July, 2023 and seeks orders;a.That this Honourable Court be pleased to certify this matter as urgent and order that the same be heard expeditiously and Exparte.b.That this Honourable Court be pleased to extend time, and grant leave to the applicant to file suit out of time against the respondents collectively and or individually.c.That the leave be granted to operate to subsequent transferees of the plots.d.That costs be in the intended civil actions.
2. The application is supported by the affidavit of Silas Kirimi Kamwira, the applicant, and has the following grounds;i.The law provides for seeking leave before filing suit.ii.The law allows the respondents to challenge any leave issued during the hearing.iii.The respondents will not suffer any prejudice at all if leave is granted.
3. Despite service through substituted service vide the Standard Newspaper of 4/12/2023 at page 25, the respondents have not responded to the application. The court also notes that there is an affidavit of service showing that the 1st Respondent, the County Government of Isiolo, has been properly served with the suit documents.
4. As all the Respondents have not responded to the application, despite service having been properly served upon them, I am inclined to allow the application on the main ground that it stands unopposed.
5. In the circumstances, I issue the following orders:a.This application is allowed.b.Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 8THDAY OF APRIL, 2024 IN THE PRESENCE OF:HON. JUSTICE P.M NJOROGEJUDGECourt assistant: Balozi