[2022] KEELC 723 (KLR)
The court found that the defendants' request for adjournment to file a counter claim was unreasonable, given that the hearing date was fixed in their presence and over three years had elapsed since the case was filed. The court emphasized that seeking adjournment at the hearing date, after previously indicating...
Source-derived case information.
- Citation
- [2022] KEELC 723 (KLR)
- Parties
- Plaintiff: Abdi Abkulla Tari; Defendant: Election Co-Coordinator IEBC Isiolo North & 3 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 012 of 2021
- Procedural Posture
- Land and Property / Interlocutory Ruling on Adjournment
- Outcome
- Plaintiff's case to proceed as scheduled; defendants' case to be heard on a later date.
- Legal Topics
- Adjournment of Hearing, Counter Claims, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Abkulla Tari
Plaintiff
Election Co-Coordinator IEBC Isiolo North & 3 Others
Defendant
Procedural Posture
Land and Property / Interlocutory Ruling on Adjournment
Legal Issues
- 1 Whether the defendants are entitled to an adjournment to file a counter claim after a hearing date was fixed in their presence.
- 2 Whether seeking an adjournment at this stage is reasonable and fair to the plaintiff.
Ratio Decidendi
The court found that the defendants' request for adjournment to file a counter claim was unreasonable, given that the hearing date was fixed in their presence and over three years had elapsed since the case was filed. The court emphasized that seeking adjournment at the hearing date, after previously indicating readiness to proceed, was unconscionable and unfair to the plaintiff. Accordingly, the court ordered that the plaintiff's case proceed as scheduled, while allowing the defendants' case to be heard on a later date convenient to both parties.
Court Disposition
Plaintiff's case to proceed as scheduled; defendants' case to be heard on a later date.
Orders
- The hearing of the plaintiff’s case should proceed today.
- The defendants’ case will be heard on another date convenient to both parties.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT ISIOLO
ELC CASE NO. 012 OF 2021
ABDI ABKULLA TARI…………………………………………PLAINTIFF
VERSUS
ELECTION CO-COORDINATOR IEBC
ISIOLO NORTH & 3 OTHERS…………………………….DEFENDANTS
RULING
1. The hearing date for this case was given on 7/3/2022.
2. On 7/3/2022 Advocate Caroline wambui told the court the advocate who represented the defendant was bereaved. She indicated that the defendant was willing to have the matter heard at the earliest possible date. This court gave 21/3/2022 as the hearing date.
3. On 21/3/2022 M/S Wangui who was holding brief for Mr. Mwongera told the court that Mr. Mwongera was not ready to proceed as he wanted to file a counter claim.
4. Mr. Makaka for the plaintiff protested that the hearing date was given in the presence of an advocate who represented the defendant and who indicated that the plaintiff wanted the matter heard at the earliest possible date.
5. I agree with Mr. Makaka that the defendants’ advocate should not have told the court that he sought the earliest possible hearing date. Seeking an adjournment to enable him file a counter claim during the hearing date and over 3 years since this case was filed is unreasonable and patently unconscionable Vis -a - vis the plaintiff.
6. In the circumstances, the following orders are issued;
a) The hearing of the plaintiff’s case should proceed today.
b) The defendants’ case will be heard on another date convenient to both parties.
Written and delivered in Open Court this 21st day of March, 2022 in the presence of:
Court Assistant: Balozi
Makaka for the Plaintiff
Miss Wangui h/b Mwongera for the defendant
HON. JUSTICE P. M. NJOROGE
JUDGE