[2023] KEELC 693 (KLR)
The court found that although the case was old, the primary cause of delay in prosecution was the respondent's repeated failure to file responses as ordered. The court noted that this was the first application for adjournment by the petitioner, who provided a reasonable explanation for counsel's unavailability due...
Source-derived case information.
- Citation
- [2023] KEELC 693 (KLR)
- Parties
- Applicant: Muthithi Investments Limited; Respondent: Gideon Mbuvi Kioko
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1 of 2019
- Procedural Posture
- Environment and Land Case / Ruling on Application for Adjournment
- Outcome
- Adjournment granted; costs awarded to respondent's advocate and KES 2,000 to respondent.
- Judges
- LN Mbugua
- Legal Topics
- Adjournment of Hearing, Delay in Prosecution, Costs Award, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthithi Investments Limited
Applicant
Gideon Mbuvi Kioko
Respondent
Procedural Posture
Environment and Land Case / Ruling on Application for Adjournment
Legal Issues
- 1 Whether the adjournment sought by the petitioner should be granted.
- 2 Whether the delay in prosecution of the petition was attributable to the respondent.
- 3 Whether costs should be awarded as a consequence of the adjournment.
Ratio Decidendi
The court found that although the case was old, the primary cause of delay in prosecution was the respondent's repeated failure to file responses as ordered. The court noted that this was the first application for adjournment by the petitioner, who provided a reasonable explanation for counsel's unavailability due to involvement in Tribunal hearings. The court exercised its discretion to allow the adjournment but ordered the petitioner to pay costs to the respondent's advocate as per the remuneration order, and to pay KES 2,000 to the respondent for attending court early in the morning. The orders were made to balance the interests of justice and to compensate the respondent for...
Court Disposition
Adjournment granted; costs awarded to respondent's advocate and KES 2,000 to respondent.
Orders
- The hearing is adjourned to a later date.
- The petitioner shall pay costs to the respondent's advocate as per the remuneration order.
Full Case Text
Judgment text and source record
19 paragraphs
Muthithi Investments Limited v Kioko (Environment & Land Case 1 of 2019) [2023] KEELC 693 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEELC 693 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 1 of 2019
LN Mbugua, J
February 9, 2023
Between
Muthithi Investments Limited
Petitioner
and
Gideon Mbuvi Kioko
Respondent
Ruling
1. I have perused the record. I find that although the case is old the delay in prosecution of the petition was primarily occasioned by the respondent who was not filing his response to the petition in good time such that on January 27, 2020, the court noted that the respondent had been given 6 times to comply with the orders of filing their pleadings. Still on that day, the court gave a rider that the matter would proceed as an undefended claim in the event of none compliance by respondent.
2. I also discern that clear and precise directions had not been given on how the suit was to proceed until July 7, 2022. This is when the court set the matter down for hearing for today. It follows that this is the first application for adjournment to be made by the petitioners.
3. In the circumstances, I allow the adjournment on the basis that counsel for the petitioner was not ready as he was involved in Tribunal hearings.
4. However, the petitioner is condemned to pay costs to respondents advocate as per the remuneration order, while his witness, the Respondent is given a sum of ksh.2,000 noting that it is still early morning.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 9TH DAY OF FEBRUARY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ouma for PetitionerH. Kinyanjui for RespondentCourt assistant: Eddel