[2014] KEHC 2570 (KLR)
The court found that the respondent's application for leave to file documents out of time was unopposed, with no affidavit of service or reply on record, and no written submissions filed. In the absence of opposition and given the explanation that the delay was due to the respondent's former lawyer, the court...
Source-derived case information.
- Citation
- [2014] KEHC 2570 (KLR)
- Parties
- Applicant: V N K; Respondent: C R N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 30 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to File Documents
- Outcome
- application granted
- Legal Topics
- Extension of Time, Filing of Documents, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
V N K
Applicant
C R N
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to File Documents
Legal Issues
- 1 Whether the respondent should be granted leave to file documents out of time.
- 2 Whether the absence of opposition to the application affects the court's discretion.
Ratio Decidendi
The court found that the respondent's application for leave to file documents out of time was unopposed, with no affidavit of service or reply on record, and no written submissions filed. In the absence of opposition and given the explanation that the delay was due to the respondent's former lawyer, the court exercised its discretion to grant the orders sought, allowing the respondent to file the documents within thirty days.
Court Disposition
application granted
Orders
- The respondent is granted leave to file the documents out of time.
- The respondent shall file the said documents within thirty (30) days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HCC 30 OF 2010 (OS)
V N K………………...….APPLICANT
VERSUS
C R N………………..RESPONDENT
RULING
By the application dated 26th June 2012, the respondent seeks leave to file his documents to be relied on out of time. The failure to file the documents on leave is to be blamed on the respondent’s former lawyer, the applicant pleads.
I have not seen on record an affidavit of service as evidence of service of the said application. Likewise there is no record of a reply to the said application.
On 26th July 2013 it was directed that the said application be disposed of by way of written submissions. I do not see any written submissions on record.
As the application dated 26th June 2012 is unopposed, I do not have any basis for denying the respondent the orders sought therein. The said application is hereby granted as prayed. The respondent shall file the said documents in the next thirty – (30) days.
DATED, SIGNED and DELIVERED at NAIROBI this 26th DAY OF September, 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Kimani for Mr. Ngethe advocate for the applicant.