[2008] KEHC 1908 (KLR)
The court found that the applicant was not given notice of the Land Registrar's ruling and only became aware of it after the time for challenging the decision had expired. This constituted sufficient cause to warrant the extension of time. The court exercised its discretion to extend the period for filing an...
Source-derived case information.
- Citation
- [2008] KEHC 1908 (KLR)
- Parties
- Applicant: Margaret Wanjugu Kinya; Respondent: District Land Registrar Nyandarua/Samburu Districts
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 22 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- Application allowed; extension of time granted.
- Judges
- MM Kasango
- Legal Topics
- Extension of Time, Judicial Review, Land Registry Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wanjugu Kinya
Applicant
District Land Registrar Nyandarua/Samburu Districts
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an application for certiorari under Order LIII of the Civil Procedure Rules.
- 2 Whether the applicant was denied notice of the Land Registrar's ruling, affecting her right to challenge the decision.
Ratio Decidendi
The court found that the applicant was not given notice of the Land Registrar's ruling and only became aware of it after the time for challenging the decision had expired. This constituted sufficient cause to warrant the extension of time. The court exercised its discretion to extend the period for filing an application for certiorari, ensuring that the applicant is not prejudiced by circumstances beyond her control and upholding the right to be heard.
Court Disposition
Application allowed; extension of time granted.
Orders
- Time to file the certiorari application against the District Land Registrar is extended.
- The certiorari application shall be filed within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Misc. Appli. 22 of 2008
MARGARET WANJUGU KINYA ……………….. APPLICANT
Versus
DISTRICT LAND REGISTRAR NYANDARUA/
SAMBURU DISTRICTS …..………………….. RESPONDENT
RULING
The applicant in this matter seeks the extension of time in which to file an application under Order LIII of the Civil Procedure Rules. The applicant stated that the subject of that application Parcel No. NYANDARUA/ MBUYU/584 was the subject of a ruling of the Land Registrar of Nyandarua. The ruling of that Registrar hearing was issued without notice to the applicant. The ruling was not availed to the applicant until 26th September 2006. With that in mind the applicant said that her time to challenge the ruling had expired. The application was exparte.
I find that the application is merited and I do hereby extend the time to file the certiorari against District Land Registrar. The same shall be filed within 30 days from today’s date.
DATED AND DELIVERED THIS 21ST DAY OF JULY 2008
MARY KASANGO
JUDGE