REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELC APPEAL CASE NO. E012 OF 2025 JOANINA ITURA JAPHET............................................APPELLANT =VERSUS= JAPHET M’NAITURI..........................................1ST RESPONDENT CHARURU SDA SELF HELP GROUP...................2ND RESPONDENT SERENE AUCTIONEERS...................................3RD RESPONDENT RULING (EX-TEMPORE) 1. The applicant has invited the court to strike out the respondent’s replying affidavit on the ground that it was filed on Monday 15/6/2026 at about 8.00 a.m in the morning yet the 7 days period which had been prescribed in the order dated 28/5/2026 ended on Saturday 13/6/2026. The applicant contends that since she served the application on 6/6/2026, ELCL APPEAL CASE NO. E012 0F 2025 1
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the respondent should have filed and served their replying affidavit latest on 13/6/2026. 2. The court has considered the objection. There is no dispute that the 7 days period ended on 13/6/2026 which was a Saturday. Order 50 rule 3 of the Civil Procedure Rules provides that where the time for doing any act expires on a Sunday or other day on which the offices are closed and such act cannot be done due to the closure, such act is deemed done within the prescribed time when it is done on the next day when the offices are open. 3. In light of the clear provisions of Order 50 rule 3 of the Civil Procedure Rules, the replying affidavit filed and served on Monday 15/6/2026 is properly before court. The oral objection is rejected. DATED, SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF JUNE, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Mr Ouma for the 2nd and 3rd Respondents Mr Otieno C for the Appellant Court Assistant – Mr. E. Tupet ELCL APPEAL CASE NO. E012 0F 2025 2
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