42. The Respondent State also submits that observance of time-limits is part of
processes that the Court should oversee, monitor and enforce in dealing
with applications before it.
*
43. The Applicant did not respond to the Respondent State’s objection.
***
44. The Court notes that under Rule 44(3) of the Rules “where a party is unable
to comply with any time limit prescribed in these Rules, the President may
grant an extension of 30 [days] upon Application being made, giving
reasonable explanation for the inability to comply”.
45. It follows that the Court has discretion to grant extension of time to file
pleadings, having regard to the circumstances of each case.
46. In the instant case, the Court notes that reminders were sent to the Applicant
and, on two occasions, he was granted, suo moto, an additional extension
of 30 days to file his Reply to the Respondent State’s submissions, that is,
on 18 June 2019 and 28 August 2019. The Court received the Applicant’s
Reply on 10 September 2019, which was within the additional time.
47. The Court further recalls that, in the instant case, it also granted the
Respondent State, suo moto, on 22 March 2019, an additional extension of
30 days to file its Response to the Application.
48. The Court considers that in the interest of justice, extension of time is an
exceptional but necessary practice, provided that it does not hamper the
proper administration of justice. Moreover, the principle of equality of arms
is safeguarded in the instant case, since both Parties were granted an
extension of time.
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