[2024] KEELC 448 (KLR)
The court found that although the conduct of the 1st defendant's counsel was questionable, including attempts to convolute the matter and walking out during proceedings, the existence of pending applications justified an adjournment to allow the applicant an opportunity to prosecute those applications. The court...
Source-derived case information.
- Citation
- [2024] KEELC 448 (KLR)
- Parties
- Plaintiff: Hussein Ahmed Farah; Plaintiff: Hussein Unshur Mohammed; Defendant: Yusuf Abdi Adan; Defendant: Mohammed Abdikadir Adan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E229 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Adjournment Application
- Outcome
- adjournment granted
- Judges
- LN Mbugua
- Legal Topics
- Adjournment of Hearing, Case Management, Pending Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Ahmed Farah
Plaintiff
Hussein Unshur Mohammed
Plaintiff
Yusuf Abdi Adan
Defendant
Mohammed Abdikadir Adan
Defendant
Procedural Posture
Environment and Land Case / Ruling on Adjournment Application
Legal Issues
- 1 Whether the hearing should be adjourned due to pending applications dated 19.10.2023 and 27.10.2023.
- 2 Whether the conduct of counsel for the 1st defendant justifies the adjournment.
Ratio Decidendi
The court found that although the conduct of the 1st defendant's counsel was questionable, including attempts to convolute the matter and walking out during proceedings, the existence of pending applications justified an adjournment to allow the applicant an opportunity to prosecute those applications. The court emphasized the need to trace and address all pending applications to ensure procedural fairness, but also noted the importance of expeditious case management. Consequently, the hearing was adjourned, and a new hearing date was to be set, given the court's fast-moving diary.
Court Disposition
adjournment granted
Orders
- The hearing is adjourned to allow the applicant to prosecute the pending applications dated 19.10.2023 and 27.10.2023.
- A new hearing date will be given by the court.
Full Case Text
Judgment text and source record
24 paragraphs
Farah & another v Adan & another (Environment & Land Case E229 of 2022) [2024] KEELC 448 (KLR) (30 January 2024) (Ruling)
Neutral citation: [2024] KEELC 448 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E229 of 2022
LN Mbugua, J
January 30, 2024
Between
Hussein Ahmed Farah
1st Plaintiff
Hussein Unshur Mohammed
2nd Plaintiff
and
Yusuf Abdi Adan
1st Defendant
Mohammed Abdikadir Adan
2nd Defendant
Ruling
1. This matter is scheduled for hearing today. However counsel for 1st defendant prays for adjournment on the basis that there is a pending application dated 27. 10. 2023 and that there is yet another application dated 19. 10. 2023 where parties were to canvas the application by written submissions and ruling was due on 24. 1.2023.
2. I find that Mr. Larot is making every step to convolute the matter by even distorting the records.
3. For the application dated 19. 10. 2023 the court gave directions on 19. 10. 2023 to the effect that further directions were to be given on 30. 10. 2023. The proceedings of 30. 10. 2022 do not indicate that any directions were given on the said application. After all, Mr. Larot had walked out in the midst of the proceedings on that day.
4. For the application dated 27. 10. 2023, it is noted that the same was not filed under a certificate of urgency hence the court did not give any directions. In view of the fact that both applications can now be traced by the court, noting that the court had undertake to hear the case on priority basis, I will adjourn the case to give the applicant an opportunity to prosecute his applications.
5. Nevertheless, the court will give another hearing date as the diary of this court moves very fast.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF JANUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Muganda holding brief for Sagana for the PlaintiffLarot for 1st DefendantCourt assistant: Eddel