[2021] KEELC 2934 (KLR)
The court found that the plaintiff's failure to comply with the disposal orders was occasioned by the court not sitting on the scheduled date for delivery of the ruling. Recognizing that this was not the fault of the plaintiff, the court exercised its discretion to grant an extension of ten days from the date of the...
Source-derived case information.
- Citation
- [2021] KEELC 2934 (KLR)
- Parties
- Plaintiff: Surjit Singh Hunjan; Defendant: Naheed A Khan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 865 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time and Compliance With Court Orders
- Outcome
- Application for extension of time allowed.
- Judges
- BM Eboso
- Legal Topics
- Extension of Time, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Surjit Singh Hunjan
Plaintiff
Naheed A Khan
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Compliance With Court Orders
Legal Issues
- 1 Whether the plaintiff should be granted an extension of time to comply with the court's disposal orders issued on 23/10/2020.
- 2 Whether the pleadings filed by the plaintiff should be admitted upon compliance within the extended period.
Ratio Decidendi
The court found that the plaintiff's failure to comply with the disposal orders was occasioned by the court not sitting on the scheduled date for delivery of the ruling. Recognizing that this was not the fault of the plaintiff, the court exercised its discretion to grant an extension of ten days from the date of the ruling for the plaintiff to comply with the orders issued on 23/10/2020. The court further held that upon compliance within the extended period, the pleadings filed by the plaintiff would stand admitted. Costs were ordered to be in the cause.
Court Disposition
Application for extension of time allowed.
Orders
- The plaintiff is granted an extension of ten (10) days from the date of this ruling to comply with the disposal orders issued on 23/10/2020.
- Upon compliance within the extended period, the pleadings filed by the plaintiff shall stand admitted.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC. CASE NO. 865 OF 2021
SURJIT SINGH HUNJAN..........................................................................PLAINTIFF
VERSUS
NAHEED A KHAN.................................................................................DEFENDANT
RULING
1. I have considered the application dated 8/2/2021. I have also considered the reasons advanced for non-compliance by the plaintiff. It is true that the court did not sit on 22/10/2021 when this matter was scheduled for delivery of a ruling on the plaintiff’s application dated 3/2/2020. It is also true that the ruling was delivered on the subsequent day as indicated on the week’s cause list.
2. Purely on account of the fact that the court did not sit on 22/10/2020. I will exercise discretion and grant the plaintiff an extension of 10 (ten) days from today, within which to comply with the disposal orders issued on 23/10/2020. Upon compliance, pleadings filed by the plaintiff shall stand admitted. Costs shall be in the cause.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 24TH DAY OF MAY 2021.
B M EBOSO
JUDGE
In the Presence of: -
Mr Okeyo for the Plaintiff
Mr Athman holding brief for Mr Khan for the Defendant
Court Assistant: June Nafula