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ELCDismissedApplication dated 28th April, 2025 (in suit arising from application dated 20th March, 2025)· [2025] KEELC 4780 (KLR)
Issack v Bank of Baroda (Kenya) Limited and Valley Auctioneers (Environment & Land Case E031 of 2025) [2025] KEELC 4780 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Nakuru dismissed a request to extend filing deadlines and delay a ruling because a mention date already scheduled made it pointless.
What this practically means
#Executive summary
#The Plaintiff/Applicant, Yussuf Suraw Issack, moved the court by application dated 28th April 2025 seeking an extension of time of 21 days to file and serve a supplementary affidavit and written submissions in respect of his earlier application dated 20th March 2025, and an order arresting the ruling slated for 8th May 2025 to allow the parties an opportunity to negotiate a settlement. He supported the application with his affidavit, explaining that the Defendants had served their response on 25th April 2025, roughly a month after the 14 days allowed by the directions of 27th March 2025, leaving his advocates insufficient time to respond before the ruling date. He invoked Order 45 of the Civil Procedure Rules on review and pointed to ongoing settlement negotiations. The Defendants filed no response and neither party filed submissions. The court, per Ombwayo J, framed the sole issue as whether the application was merited. It considered Sections 95 and 3A of the Civil Procedure Act, confirming the court's discretion to enlarge time even after expiry and its inherent power to make orders necessary for the ends of justice. While acknowledging the late service by the Defendants was not disputed, the court noted from the court register that the matter had already been slated for mention on 7th July 2025. It therefore held the application had been overtaken by events, found it without merit, and dismissed it with no orders as to costs.
Key legal issues
#01
Whether the applicant was entitled to an extension of time and deferral of the ruling
Holding
Application dismissed as overtaken by events and without merit
Reasoning
The court acknowledged the defendants served their response late, but noted it had already listed the matter for mention on 7th July 2025. In that circumstance the relief sought was moot; the court exercised its discretion under Sections 95 and 3A of the Civil Procedure Act to dismiss the application rather than defer the ruling.
p. 2
Legal principles established
#- The court may enlarge a period fixed or granted by it even though the period has expired
- An application overtaken by events is rendered without merit
Court orders
#- 1.Application dated 28th April, 2025 dismissed with no orders as to costs
- Jurisdiction invoked
- Sections 95 and 3A of the Civil Procedure Act (extension of time and inherent powers)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Issack v Bank of Baroda (Kenya) Limited and Valley Auctioneers (Environment & Land Case E031 of 2025) [2025] KEELC 4780 (KLR)", Case Analysis (2025). Application dated 28th April, 2025 (in suit arising from application dated 20th March, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4780/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.