[2023] KEELC 20294 (KLR)
The court exercised its discretion to grant an adjournment after considering the oral application by the defendants' advocate, who was unable to proceed due to loss of voice. The absence of opposition from the plaintiffs' advocate and the advocate's medical incapacity constituted sufficient cause for adjournment....
Source-derived case information.
- Citation
- [2023] KEELC 20294 (KLR)
- Parties
- Plaintiff: Abdullahi Ali & 23 others; Defendant: Norman Kairi & 54 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 011 of 2021
- Procedural Posture
- Environment and Land Case / Adjournment Ruling
- Outcome
- Adjournment granted; hearing rescheduled.
- Judges
- PM Njoroge
- Legal Topics
- Adjournment of Hearing, Court Discretion on Adjournment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdullahi Ali & 23 others
Plaintiff
Norman Kairi & 54 others
Defendant
Procedural Posture
Environment and Land Case / Adjournment Ruling
Legal Issues
- 1 Whether the court should grant an adjournment due to the defendant's advocate's inability to proceed because of loss of voice.
Ratio Decidendi
The court exercised its discretion to grant an adjournment after considering the oral application by the defendants' advocate, who was unable to proceed due to loss of voice. The absence of opposition from the plaintiffs' advocate and the advocate's medical incapacity constituted sufficient cause for adjournment. The court therefore rescheduled the hearing and ordered that costs be in the cause.
Court Disposition
Adjournment granted; hearing rescheduled.
Orders
- The suit will be heard on November 27, 2023.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
Ali & 23 others v Kairi & 54 others (Environment & Land Case 011 of 2021) [2023] KEELC 20294 (KLR) (2 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20294 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 011 of 2021
PM Njoroge, J
October 2, 2023
Between
Abdullahi Ali & 23 others
Plaintiff
and
Norman Kairi & 54 others
Defendant
Ruling
1. This matter was to be heard today. The defendants Advocate, Mr Kaburu Mwirigi made an oral hearing that the matter be given another date as he had lost his voice.
2. Mr Mwiti asked the court to indulge him as he had indeed lost his voice.
3. Having considered the matter, the following orders are hereby issued;a.The suit will be heard on November 27, 2023. b.Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 2NDDAY OF OCTOBER, 2023 IN THE PRESENCE OF:HON. JUSTICE P.M NJOROGEJUDGECourt assistant: Balozi/RahmaMwiti for the Plaintiff.Mwirigi for the defendants.