[2025] KEHC 4081 (KLR)
The court found that no good or sufficient reason was advanced by the petitioner's counsel for the adjournment, especially given the age of the matter and the fact that all other parties and their counsels were present and ready to proceed. The court emphasized that adjournments should not be granted lightly,...
Source-derived case information.
- Citation
- [2025] KEHC 4081 (KLR)
- Parties
- Plaintiff: Samuel Ominde Onyango; Defendant: Peter Orwa; Interested Party: Richard Okeyo; Interested Party: Jesca Ojure; Interested Party: Auma Ouko; Interested Party: George Okulo; Interested Party: Awinda Onyango; Interested Party: Hallan Ominde; Interested Party: Sabina Nyambega; Interested Party: William Buodo; Interested Party: Erastus Okulo; Interested Party: Omondi Buodo; Interested Party: Tonny Ochieng; Interested Party: Norah Orwa; Interested Party: Rose Owino; Interested Party: Plister Olewe
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 47 of 1994
- Procedural Posture
- Succession Cause / Ruling on Application for Adjournment
- Outcome
- Application for adjournment allowed with strict conditions and costs to the applicant and interested parties.
- Judges
- A Mabeya
- Legal Topics
- Adjournment of Hearing, Case Management, Costs of Adjournment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ominde Onyango
Plaintiff
Peter Orwa
Defendant
Richard Okeyo
Interested Party
Jesca Ojure
Interested Party
Auma Ouko
Interested Party
George Okulo
Interested Party
Awinda Onyango
Interested Party
Hallan Ominde
Interested Party
Sabina Nyambega
Interested Party
William Buodo
Interested Party
Erastus Okulo
Interested Party
Omondi Buodo
Interested Party
Tonny Ochieng
Interested Party
Norah Orwa
Interested Party
Rose Owino
Interested Party
Plister Olewe
Interested Party
Procedural Posture
Succession Cause / Ruling on Application for Adjournment
Legal Issues
- 1 Whether sufficient cause was shown for the adjournment of the hearing.
- 2 Whether the petitioner should be granted a further adjournment given the history of the matter.
- 3 Who should bear the costs of the adjournment.
Ratio Decidendi
The court found that no good or sufficient reason was advanced by the petitioner's counsel for the adjournment, especially given the age of the matter and the fact that all other parties and their counsels were present and ready to proceed. The court emphasized that adjournments should not be granted lightly, particularly in succession matters that have been pending for decades. However, in the interests of justice and considering that the case belongs to the petitioner, the court granted a final adjournment but imposed strict conditions, including timelines for filing documents and payment of costs by the petitioner. The court made it clear that no further adjournments would be...
Court Disposition
Application for adjournment allowed with strict conditions and costs to the applicant and interested parties.
Orders
- The matter is adjourned with costs.
- The Deputy Registrar to procure the original Succession Cause file from the Archives within 30 days.
Full Case Text
Judgment text and source record
50 paragraphs
In re Estate of Okullo Adongo Adongo (Succession Cause 47 of 1994) [2025] KEHC 4081 (KLR) (2 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4081 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 47 of 1994
A Mabeya, J
April 2, 2025
IN THE MATTER OF THE ESTATE OF OKULLO ADONGO ADONGO AND IN THE MATTER OF APPLICATION BY PETER ORWA OMINDE AND IN THE MATER OF APPLICATION FOR REVOCATION OF GRANT
Between
Samuel Ominde Onyango
Plaintiff
and
Peter Orwa
Defendant
and
Richard Okeyo
Interested Party
Jesca Ojure
Interested Party
Auma Ouko
Interested Party
George Okulo
Interested Party
Awinda Onyango
Interested Party
Hallan Ominde
Interested Party
Sabina Nyambega
Interested Party
William Buodo
Interested Party
Erastus Okulo
Interested Party
Omondi Buodo
Interested Party
Tonny Ochieng
Interested Party
Norah Orwa
Interested Party
Rose Owino
Interested Party
Plister Olewe
Interested Party
Ruling
1. I have considered the application for adjournment. This matter was fixed for today on 20th February, 2025 more than a month ago. This is a 1994 matter. The application that was coming up for hearing was filed and served in December, 2024.
2. In the premises, I do not think any good reason has been advanced why Mr. Orego is not ready to proceed today. The counsels for the other parties were ready. They have been in court since 8. 30am.
3. Even though the directions of 20th February, 2025 were that the matter would be heard in open court, Mr. Orego never turned up at 8. 30am nor did he send any one to hold his brief. The court decided to wait for him since his client was in court at the time and ordered that the matter proceeds in open court at 12. 30pm.
4. At 12. 30pm, although the petitioner is in open court with all the others, Mr. Orego isn’t. He is applying for adjournment from the comfort of his chambers. He has not explained the difficulty he had to prepare for hearing even though the Court of Appeal matter terminated at 10. 00am.
5. I think such application need to be discouraged. Since the case belongs to the petitioner who is in Court, I am inclined to give the petitioner the final chance. There will be no further adjournments considering the history of this matter. I give the following directions: -a.This matter is adjourned with costs.b.The Deputy Registrar to procure the original Succession Cause file from the Archives within 30 days.c.The parties are granted leave to file and serve affidavits/witness statements within 28 days.d.Any document filed out of time will stand struck out and/expunged from the record.e.The Petitioner will bear the costs of the adjournment assessed at Kshs.10,000/= for the applicant and Kshs.10,000/= for the Interested parties and Court Adjournment Fees (CAF) Kshs.1,000/= before the next hearing date.f.Hearing on 27th May, 2025. It is so ordered.
DATED, AND DELIVERED AT KISUMU THIS 2ND DAY OF APRIL, 2025. A. MABEYA, FCI ArbJUDGE