[2022] KEELC 1911 (KLR)
The court found that the applicant had already been granted multiple adjournments without establishing sufficient cause for further delay. The applicant's absence due to official duties was not considered a valid reason to postpone the hearing, especially given the age of the matter and the need for expeditious...
Source-derived case information.
- Citation
- [2022] KEELC 1911 (KLR)
- Parties
- Applicant: Mathenge Wanderi; Respondent: Joseph Macharia Muchiri; Respondent: Jane Wairimu Macharia; Respondent: City Council of Nairobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 482 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Adjournment Application
- Outcome
- Application for adjournment declined; matter to proceed for hearing.
- Legal Topics
- Adjournment of Hearing, Court Discretion, Delay of Proceedings, Vesting Order, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathenge Wanderi
Applicant
Joseph Macharia Muchiri
Respondent
Jane Wairimu Macharia
Respondent
City Council of Nairobi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Adjournment Application
Legal Issues
- 1 Whether the court should grant a further adjournment to the applicant despite previous indulgences.
- 2 Whether the applicant's absence due to official duties constitutes sufficient cause for adjournment.
Ratio Decidendi
The court found that the applicant had already been granted multiple adjournments without establishing sufficient cause for further delay. The applicant's absence due to official duties was not considered a valid reason to postpone the hearing, especially given the age of the matter and the need for expeditious resolution. The court emphasized that judicial proceedings take precedence over other commitments and that continued indulgence would be unjust to the other parties and contrary to the interests of justice. Consequently, the application for adjournment was declined, and the matter was ordered to proceed to hearing.
Court Disposition
Application for adjournment declined; matter to proceed for hearing.
Orders
- The application for adjournment is declined.
- The matter shall proceed for hearing as scheduled.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC SUIT NO. 482 OF 2011 (OS) (LEAD FILE)
(CONSOLIDATED WITH ELC NO. 119 OF 2014)
IN THE MATTER OF LAND PARCEL NUMBER LR 9509/34
AND
IN THE MATTER OF SECTIN 38 OF THE LIMITATION OF ACTIONS ACT
(CAP 22) LAWS OF KENYA
IN THE MATTER OF A VESTING ORDER
MATHENGE WANDERI..........................................................................APPLICANT
VERSUS
JOSEPH MACHARIA MUCHIRI................................................1ST RESPONDENT
JANE WAIRIMU MACHARIA....................................................2ND RESPONDENT
CITY COUNCIL OF NAIROBI....................................................3RD RESPONDENT
RULING
The court record shows that this court has indulged the Plaintiff on several occasions when they sought adjournments when the matter came up for hearing. This matter has been adjourned a record six times. No facts have been established by the Plaintiff that would lead a reasonable and fair-minded person to conclude that this court has not been patient and/or indulged the plaintiff to this regard.
When the matter last came to court, the plaintiff applied for an adjournment and the court noted that it was the last. The Plaintiff's advocate informed the court that the Plaintiff would not be able to attend court as he has gone for an official meeting out of the country. Matters before the court precede any official meetings/functions. I am sure you remember the act of none other than the President of the Republic of Kenya H.E Uhuru Kenyatta of handing over the country to his deputy because he had to attend court at the Hague. Nothing can be more serious than this.
When the parties last appeared before my sister Judge on 22/09/2021, Mbugua J who inherited the file from Eboso J, all the parties were present and unanimously insisted that they needed a hearing date.
When this is the scenario that presents itself to the court, it becomes difficult to exercise discretion in favour of the applying party. The court declines to allow the adjournment noting that this is an old matter which now needs to proceed for hearing.
It is so ordered
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26TH DAY OF JANUARY, 2022.
....................
MOGENI J
In the Presence of
………………………..for Plaintiff
……………………….for 1st Respondent
……………………….for 2nd Respondent
……………………….for 3rd Respondent