[2024] KEELC 1151 (KLR)
The court found that the applicant had provided sufficient evidence, via a medical report, to show that illness prevented timely filing of the substantive judicial review application. As the application was unopposed and the reason advanced was credible, the court exercised its discretion to extend the time for...
Source-derived case information.
- Citation
- [2024] KEELC 1151 (KLR)
- Parties
- Applicant: Pembe Changawa Pembe; Respondent: County Registrar, Mombasa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E018 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Outcome
- Application for extension of time allowed.
- Judges
- FM Njoroge
- Legal Topics
- Extension of Time, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pembe Changawa Pembe
Applicant
County Registrar, Mombasa
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause to warrant extension of time to file the substantive judicial review application.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence, via a medical report, to show that illness prevented timely filing of the substantive judicial review application. As the application was unopposed and the reason advanced was credible, the court exercised its discretion to extend the time for filing by seven days from the date of the ruling. The costs of the application were ordered to abide by the outcome of the substantive judicial review notice of motion.
Court Disposition
Application for extension of time allowed.
Orders
- Time for filing the substantive judicial review notice of motion is extended by 7 days from the date of this ruling.
- Costs of the application shall abide by the outcome of the substantive judicial review notice of motion.
Full Case Text
Judgment text and source record
17 paragraphs
Pembe v County Registrar, Mombasa (Miscellaneous Application E018 of 2023) [2024] KEELC 1151 (KLR) (5 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1151 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Miscellaneous Application E018 of 2023
FM Njoroge, J
March 5, 2024
Between
Pembe Changawa Pembe
Applicant
and
County Registrar, Mombasa
Respondent
Ruling
1. I have considered the motion dated 12/2/2024 which is unopposed. The applicant has by way of a medical report annexed to the supplementary affidavit demonstrated that he was unwell, and was unable to file the substantive judicial review application through his advocate. I hereby allow the motion and hereby extend the time within which he must file the substantive judicial review notice of motion by 7 days computed from the date of this ruling.
2. The costs of the application shall abide by the outcome of the substantive judicial review notice of motion.
DATED, SIGNED AND ISSUED AT MALINDI ON THIS 5TH DAY OF MARCH, 2024. MWANGI NJOROGEJUDGE, ELC MALINDI