[2021] KEELC 1224 (KLR)
The court found that the ex-parte applicants failed to comply with the mandatory requirement under Order 53 rule 3 to file a notice of motion within 21 days after leave was granted. No explanation or application for extension of time was made, and the applicants did not attend court to prosecute the matter. As a...
Source-derived case information.
- Citation
- [2021] KEELC 1224 (KLR)
- Parties
- Applicant: Republic; Respondent: District Land Adjudication & Settlement Officer Tigania East; Interested Party: Grace Kathea Tiritimi; Applicant: Milton Giteye Karwamba; Applicant: Florah Ciacereu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E003 of 2021
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- motion allowed; stay vacated; costs to interested party; file closed
- Legal Topics
- Judicial Review Timelines, Land Adjudication Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Land Adjudication & Settlement Officer Tigania East
Respondent
Grace Kathea Tiritimi
Interested Party
Milton Giteye Karwamba
Applicant
Florah Ciacereu
Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the ex-parte applicants complied with the mandatory timelines for filing a notice of motion under Order 53 rule 3.
- 2 Whether the orders of stay previously granted should be vacated for non-compliance with court directions.
Ratio Decidendi
The court found that the ex-parte applicants failed to comply with the mandatory requirement under Order 53 rule 3 to file a notice of motion within 21 days after leave was granted. No explanation or application for extension of time was made, and the applicants did not attend court to prosecute the matter. As a result, the court held that there were no subsisting judicial review proceedings and that the orders of stay previously granted must be vacated. The motion to vacate the stay was allowed, and costs were awarded to the interested party.
Court Disposition
motion allowed; stay vacated; costs to interested party; file closed
Orders
- The motion dated 3.3.2021 is allowed.
- The leave granted to act as stay is hereby vacated.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC JUDICIAL REVIEW NO. E003 OF 2021
REPUBLIC .............................................................................APPLICANT
VERSUS
DISTRICT LAND ADJUDICATION &
SETTLEMENT OFFICER TIGANIA EAST...................RESPONDENT
GRACE KATHEA TIRITIMI............................INTERESTED PARTY
MILTON GITEYE KARWAMBA .........1ST EX-PARTE APPLICANT
FLORAH CIACEREU..............................2ND EX-PARTE APPLICNT
JUDGMENT
1. Before the court is an application dated 3. 3.2021 seeking to vacate the orders made on 4. 2.2021. It is submitted no notice of motion was filed as ordered within 21 days or at all hence no judicial review proceedings are subsisting.
2. Secondly it is submitted that once the orders of stay were granted, the ex-parte applicants have never attended court to have the matter disposed of one way or the other.
3. The court has gone through the court record. It is clear the order granted on 4th February, 2021 was extracted and issued on 11. 2.2021. Order 53 rule 3 provides the notice of motion be filed within 21 days which timelines must be adhered to. There is no reply to the motion herein and no explanation or an application to extend time during which to file substantive motion has been filed.
4. Consequently I proceed to allow the motion dated 3. 3.2021. The leave granted to act as stay is hereby vacated.
5. Costs to the interested party. File marked as closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 1ST DAY OF NOVEMBER, 2021
IN PRESENCE OF:
C.P. MBAABU FOR INTERESTED PARTY
A.G. FOR RESPONDENT – ABSENT
EXPARTE APPLICANTS IN PERSON
HON. C.K. NZILI
ELC JUDGE