[2024] KEELC 6526 (KLR)
The court found that the exparte applicant had provided a reasonable explanation for the delay in filing the substantive judicial review application, namely, the difficulty in contacting him due to his homelessness and lack of a mobile phone. The court exercised its discretion to extend the time for filing and...
Source-derived case information.
- Citation
- [2024] KEELC 6526 (KLR)
- Parties
- Applicant: Republic; Respondent: County Land Registrar, Mombasa; Applicant: Mohamed Juma Mohamed
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment and Planning Judicial Review E001 of 2024
- Procedural Posture
- Judicial Review / Ruling on Application for Extension of Time to File Substantive Application
- Outcome
- Application allowed; time to file and serve substantive application extended by 14 days; applicant to bear own costs.
- Judges
- SM Kibunja
- Legal Topics
- Extension of Time, Judicial Review Procedure, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
County Land Registrar, Mombasa
Respondent
Mohamed Juma Mohamed
Applicant
Procedural Posture
Judicial Review / Ruling on Application for Extension of Time to File Substantive Application
Legal Issues
- 1 Whether the court should extend time for filing and serving the substantive judicial review application after the lapse of the initial 21 days granted.
- 2 Whether the delay in filing was justified by the applicant's circumstances.
Ratio Decidendi
The court found that the exparte applicant had provided a reasonable explanation for the delay in filing the substantive judicial review application, namely, the difficulty in contacting him due to his homelessness and lack of a mobile phone. The court exercised its discretion to extend the time for filing and serving the substantive application by a further fourteen days from the date of the ruling. The court noted that the application was unopposed and that the interests of justice would be served by granting the extension. However, the court ordered that the exparte applicant should bear his own costs, as the delay was attributable solely to him.
Court Disposition
Application allowed; time to file and serve substantive application extended by 14 days; applicant to bear own costs.
Orders
- Time to file and serve the substantive application is extended by fourteen (14) days from the date of the ruling.
- The exparte applicant shall meet his own costs in the application.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v County Land Registrar, Mombasa; Mohamed (Exparte Applicant) (Environment and Planning Judicial Review E001 of 2024) [2024] KEELC 6526 (KLR) (9 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6526 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment and Planning Judicial Review E001 of 2024
SM Kibunja, J
October 9, 2024
Between
Republic
Applicant
and
The County Land Registrar, Mombasa
Respondent
and
Mohamed Juma Mohamed
Exparte Applicant
Ruling
Notice Of Motion Dated 13th March 2024 1. The exparte applicant filed the notice of motion dated the 13th March 2024 seeking for inter alia extension or enlargement of time to file the substantive application for judicial review order after the lapse of 21 days given. The application is based on the seven (7) grounds on its face, and supported by the affidavit of Ratemo Enock, advocate, sworn on the 13th March 2024. It is the case for the exparte applicant that application for leave to file for judicial review order was granted on the 12th February 2024. That the exparte applicant was granted 21 days within which to file and serve the substantive application. That the period lapsed before the application could be filed due to the period it took for counsel to get in touch with the exparte applicant, who is homeless and has no mobile phone. That the exparte applicant has now executed the documents and time should be extended or enlarged, to allow the filing of the substantive application. The application was served, and no replying papers were filed.
2. The court has considered the application, the record and confirmed that the chamber summons for leave dated the 23rd January 2024 was allowed on the 6th February 2024, and the exparte applicant granted 21 days to file and serve the substantive application. That no substantive application was filed within the said 21 days, reportedly for reasons that counsel could not get the exparte applicant to sign or execute the necessary documents.
3. That ultimately, the exparte applicant made contact with the counsel and the instant application was filed as the 21 days had lapsed. The court has the power to extend time for good reasons for the ends of justice to be realised. The application has not been opposed, though served and I find it meritorious. However, the exparte applicant will meet his own costs as there was no other party to blame for the delay but himself.
4. The court therefore orders as follows:a.That time to file and serve the substantive application is hereby extended by another fourteen (14) days from today.b.The exparte applicant to meet his costs in the application.Orders accordingly.
DATED, SIGNED AND VIRTUALLY DELIVERED ON THIS 9TH DAY OF OCTOBER 2024. S. M. KIBUNJA, J.ELC MOMBASA.In The Presence Of:Exparte Applicant : Mr. RatemoRespondent : No appearance.Court Assistant – Leakey.