[2001] KEHC 38 (KLR)

[2001] KEHC 38 (KLR)

The court exercised its discretion to adjourn the matter generally at the request of both parties' counsel, considering the reasons advanced. Additionally, the court granted the plaintiff/applicant leave to file a supplementary affidavit if and when served with an affidavit in reply, to ensure procedural fairness...

Source-derived case information.

Citation
[2001] KEHC 38 (KLR)
Parties
Plaintiff: Manee Hamude Shibiby; Plaintiff: Mumtaz Athman Ahmed; Defendant: Commissioner of Lands; Defendant: Abdulmajid Ahmed
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Civil Case 200 of 2001
Procedural Posture
Civil Case / Ruling on Adjournment and Leave to File Supplementary Affidavit
Outcome
Matter adjourned generally; leave granted to plaintiff/applicant to file supplementary affidavit if served with affidavit in reply.
Legal Topics
Adjournment of Hearing, Leave to File Affidavit
Source Language
en
Civil Procedure Adjournment of Hearing Leave to File Affidavit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Manee Hamude Shibiby

Plaintiff

Mumtaz Athman Ahmed

Plaintiff

Commissioner of Lands

Defendant

Abdulmajid Ahmed

Defendant

Procedural Posture

Civil Case / Ruling on Adjournment and Leave to File Supplementary Affidavit

Legal Issues

  1. 1 Whether the matter should be adjourned generally at the request of both counsel.
  2. 2 Whether the plaintiff/applicant should be granted leave to file a supplementary affidavit upon being served with an affidavit in reply.

Ratio Decidendi

The court exercised its discretion to adjourn the matter generally at the request of both parties' counsel, considering the reasons advanced. Additionally, the court granted the plaintiff/applicant leave to file a supplementary affidavit if and when served with an affidavit in reply, to ensure procedural fairness and allow both parties to fully present their cases.

Court Disposition

Matter adjourned generally; leave granted to plaintiff/applicant to file supplementary affidavit if served with affidavit in reply.

Orders

  • The matter is adjourned generally.
  • Parties to take a fresh date at the Registry.