[2025] KEHC 6162 (KLR)
The court granted the Plaintiff's request for adjournment due to a technical hitch, noting that the Defendants did not object but sought compensation for costs incurred. The court exercised its discretion to allow the adjournment on the condition that the Plaintiff pays the Defendants' counsel costs for attending...
Source-derived case information.
- Citation
- [2025] KEHC 6162 (KLR)
- Parties
- Plaintiff: Anthony Njehu Boro; Defendant: Royal Media Services Limited; Defendant: Mashirima Kapombe; Defendant: Steve Shitera; Defendant: Margaret Kirungari Karanja; Defendant: Christopher Ndungu Karanja alias Kris Karanja
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 40 of 2018
- Procedural Posture
- Civil Case / Adjournment Ruling Prior to Hearing of Main Suit
- Outcome
- Adjournment granted with costs to the Defendants and new hearing dates set.
- Judges
- DO Chepkwony
- Legal Topics
- Adjournment of Hearing, Costs Award, Court Fees, Witness Expenses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Njehu Boro
Plaintiff
Royal Media Services Limited
Defendant
Mashirima Kapombe
Defendant
Steve Shitera
Defendant
Margaret Kirungari Karanja
Defendant
Christopher Ndungu Karanja alias Kris Karanja
Defendant
Procedural Posture
Civil Case / Adjournment Ruling Prior to Hearing of Main Suit
Legal Issues
- 1 Whether the Plaintiff is entitled to an adjournment of the hearing of the main suit.
- 2 Whether the Defendants are entitled to costs and expenses occasioned by the adjournment.
Ratio Decidendi
The court granted the Plaintiff's request for adjournment due to a technical hitch, noting that the Defendants did not object but sought compensation for costs incurred. The court exercised its discretion to allow the adjournment on the condition that the Plaintiff pays the Defendants' counsel costs for attending court, as well as travelling and subsistence costs for their witnesses. The court further ordered the Plaintiff to pay the court's adjournment fees and fixed new hearing dates. The orders were made to balance the Plaintiff's right to a fair hearing with the Defendants' entitlement to compensation for inconvenience and expenses caused by the adjournment.
Court Disposition
Adjournment granted with costs to the Defendants and new hearing dates set.
Orders
- Plaintiff to pay Defendants' counsel costs for attending court on the adjourned date.
- Plaintiff to pay travelling and subsistence costs for Defendants' witnesses who attended court.
Full Case Text
Judgment text and source record
25 paragraphs
Boro v Royal Media Services Limited & 4 others (Civil Case 40 of 2018) [2025] KEHC 6162 (KLR) (23 April 2025) (Ruling)
Neutral citation: [2025] KEHC 6162 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case 40 of 2018
DO Chepkwony, J
April 23, 2025
Between
Anthony Njehu Boro
Plaintiff
and
Royal Media Services Limited
1st Defendant
Mashirima Kapombe
2nd Defendant
Steve Shitera
3rd Defendant
Margaret Kirungari Karanja
4th Defendant
Christopher Ndungu Karanja alias Kris Karanja
5th Defendant
Ruling
1. This matter was scheduled for hearing of the main suit today. However, due to a technical hitch, counsel for the Plaintiff has sought for an adjournment to enable them put the Plaintiff on the dock to present his case. The defence counsel, Mr. Musyoki counsel for 1st to 4th Defendants and M/S Muhoho counsel for the 4th and 5th Defendants have reluctantly conceded to the same on condition that they are paid their costs for today together with the travelling and substance costs for their witnesses who have been in attendance. This has not been objected to.
2. In the circumstances, adjournment is granted with orders that the Plaintiff pays:-a.The Defendants’ counsel costs for attending court today together with travelling and subsistence costs for the witnesses who also attended court today.b.Court’s adjournment fees.c.Hearing on September 30, 2025 and October 1, 2025. It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 23RD DAY OF APRIL , 2025. D. O. CHEPKWONYJUDGEIn the presence of:Court Assistant – MartinMr. Mokire holding brief for Mr. Kabaiko counsel for the PlaintiffMrs. Munyori counsel for 1st to 4th DefendantsM/S Muhoho counsel for 5th and 6th Defendants.