[2024] KEHC 6788 (KLR)

[2024] KEHC 6788 (KLR)

The court found that the applicant's absence was satisfactorily explained by their advocate, who cited confusion regarding the court's link and cause list. The court was persuaded that the absence was not deliberate or due to negligence. Consequently, the order requiring the applicant to pay the adjournment fee was...

Source-derived case information.

Citation
[2024] KEHC 6788 (KLR)
Parties
Applicant: Councilor Akello and Bondo County Council; Respondent: Councilor Albert Onyango Mitere
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Application 289 of 2015
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Adjournment Fee and Scheduling
Outcome
Order for payment of adjournment fee by the applicant set aside; notice of motion to be heard on a future date; notice to issue to respondent.
Judges
MS Shariff
Legal Topics
Adjournment Fees, Setting Aside Orders, Court Attendance, Notice of Motion
Source Language
en
Civil Procedure Adjournment Fees Setting Aside Orders Court Attendance Notice of Motion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Councilor Akello and Bondo County Council

Applicant

Councilor Albert Onyango Mitere

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Ruling on Adjournment Fee and Scheduling

Legal Issues

  1. 1 Whether the applicant should be compelled to pay the court adjournment fee previously ordered due to absence.
  2. 2 Whether the explanation provided by the applicant's advocate for non-attendance is sufficient to set aside the order for adjournment fee.

Ratio Decidendi

The court found that the applicant's absence was satisfactorily explained by their advocate, who cited confusion regarding the court's link and cause list. The court was persuaded that the absence was not deliberate or due to negligence. Consequently, the order requiring the applicant to pay the adjournment fee was set aside, and the matter was scheduled for hearing with notice to issue to the respondent.

Court Disposition

Order for payment of adjournment fee by the applicant set aside; notice of motion to be heard on a future date; notice to issue to respondent.

Orders

  • The order requiring the applicant to pay court adjournment fee is set aside.
  • Notice of motion dated 12.4.2024 shall be heard on 23.7.2024.