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ELCAllowedNot stated in the judgment provided· [2024] KEELC 6650 (KLR)
Patel & another v United Engineering Supplies Limited; Patel (Interested Party) (Environment & Land Case E090 of 2023) [2024] KEELC 6650 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#A Kenyan court allowed delayed court filings because there was a sensible explanation and no delay would result, but the late party paid costs.
What this practically means
#Executive summary
#The Plaintiffs applied for extension of time to file a replying affidavit and written submissions in opposition to the Defendant's application dated 8th March 2023, which sought to strike out their suit (valued at Kshs. 51,600,000/- in unpaid rent, amongst other prayers) as an abuse of the process of court. The Plaintiffs explained that although their advocate prepared a draft replying affidavit in good time, it was sent to the Plaintiffs' personal legal adviser, whose delayed comments prevented timely filing; by the time compliance was confirmed in court, the Plaintiffs had not filed, and the court set the Defendant's application for ruling on 23rd July 2024. The Defendant opposed, through the affidavit of Sanjay Ramesh Patel, contending that no reasonable explanation had been given, that counsel failed to attend a compliance mention on 29th April 2024, and that the delay was a tactic impeding expeditious disposal. The court heard oral submissions on 20th June 2024 and framed a sole issue: whether the Plaintiffs had offered a reasonable explanation warranting the exercise of discretion to extend time. Relying on Order 50 rule 6 of the Civil Procedure Rules and the principles in Nicholas Kiptoo Arap Korir Salat v IEBC & 7 others, the court held the explanation sensible, found no delay would ensue since the intended filings were ready, and allowed the application in the interest of substantive justice. The Plaintiffs were directed to file and serve the replying affidavit and submissions within 24 hours, the ruling date on the striking-out application was maintained, and costs were awarded to the Defendant, to be assessed.
Key legal issues
#01
Whether the Plaintiffs offered a reasonable explanation for the delay in complying with the Court's directions to warrant extension of time
Holding
The Court found the explanation sensible and allowed the application in the interest of substantive justice
Reasoning
The Court applied the Salat principles on extension of time, focusing on whether a reasonable explanation had been given and whether the Respondent would suffer prejudice. It found the Plaintiffs' explanation regarding their personal legal adviser's delay in returning the draft replying affidavit to be sensible. Since the replying affidavit and submissions were already prepared, no delay would be occasioned; the Court set fresh filing timelines.
p. 3
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party at the court's discretion, and the applicant bears the burden of laying a basis to the court's satisfaction
- Under Order 50 rule 6, the court may enlarge time even where the application is made after expiry of the time allowed, on such terms as the justice of the case requires
Court orders
#- 1.The Plaintiffs' application dated May 9, 2024 is allowed with costs to the Defendant to be assessed in the usual way
- 2.The Plaintiffs shall file and serve the attached replying affidavit and submissions in the next 24 hours
- 3.The date of the ruling on the Defendant's application remains as earlier scheduled
- 4.Costs of the application to be borne by the Plaintiffs/Applicants
- Jurisdiction invoked
- Order 50 rule 6 of the Civil Procedure Rules - discretionary power to enlarge time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patel & another v United Engineering Supplies Limited; Patel (Interested Party) (Environment & Land Case E090 of 2023) [2024] KEELC 6650 (KLR)", Case Analysis (2024). Not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6650/eng@2024-10-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.