Abdalla & 6 others v National Environment Management Authority & another (Environment and Land Miscellaneous Application E034 of 2024) [2024] KEELC 7190 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a late legal challenge but made the applicant pay costs for missing the deadline.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection was a pure point of law
It was not; the grounds were contested and required evidence, so they were treated as part of the reply.
The grounds in the objection offended paragraph 11(1) and (2) of the Advocates Remuneration Order but were opposed and did not clearly emanate from the pleadings. Because they were contested, evidence would be needed, so the objection could not be sustained as a pure point of law and was treated as part of the 2nd respondent's reply.
Whether leave to file a reference out of time should be granted
Yes; delay explained, not inordinate, and the respondent secured by deposit of taxed costs in an interest-earning account.
The applicants explained the delay as their counsel's indisposition, moved the court without inordinate delay, and complied with the stay condition of depositing the whole taxed costs in an interest-earning account, so the respondent would suffer no prejudice. Applying the Supreme Court's extension-of-time criteria, the court found the application had merit but awarded costs to the respondent.
Legal principles established
#- Extension of time is an equitable remedy granted at the court's discretion on a case-by-case basis where delay is explained, the application is brought without undue delay and the respondent is not prejudiced.
- A preliminary objection that is contested and requires evidence cannot be determined as a pure point of law.
Court orders
#- 1.The notice of preliminary objection dated 26th June 2024 is rejected
- 2.Prayer (4) of the notice of motion dated 25th June 2024 is allowed
- 3.The reference be filed and served within the next seven (7) days
- 4.The applicants to meet the respondent's costs
- On appeal from
- National Environment Tribunal
- Jurisdiction invoked
- Paragraph 11 of the Advocates Remuneration Order, 2014 (leave to file reference out of time against a taxing officer's decision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdalla & 6 others v National Environment Management Authority & another (Environment and Land Miscellaneous Application E034 of 2024) [2024] KEELC 7190 (KLR)", Case Analysis (2024). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7190/eng@2024-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.