[2023] KEELC 18964 (KLR)
The court found the application for adjournment unmeritorious, holding that the reasons advanced by the defendant's counsel did not outweigh the need for expeditious hearing and determination of the matter. The court relied on the principle that advocates must be prepared for hearings and that justice should not be...
Source-derived case information.
- Citation
- [2023] KEELC 18964 (KLR)
- Parties
- Plaintiff: Andrew Otieno Ogwang; Plaintiff: Tom Ochola Odhiambo; Plaintiff: Grace Akinyi Okinda; Plaintiff: Lucy Atieno Ochieng; Defendant: Tom Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 28 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Adjournment Application
- Outcome
- application for adjournment disallowed; hearing to proceed
- Judges
- GMA Ongondo
- Legal Topics
- Adjournment of Hearing, Expeditious Trial, Judicial Discretion, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Otieno Ogwang
Plaintiff
Tom Ochola Odhiambo
Plaintiff
Grace Akinyi Okinda
Plaintiff
Lucy Atieno Ochieng
Plaintiff
Tom Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased)
Defendant
Procedural Posture
Environment and Land Case / Ruling on Adjournment Application
Legal Issues
- 1 Whether the defendant's application for adjournment of the hearing should be granted.
- 2 Whether the interests of expeditious justice outweigh the reasons for adjournment.
Ratio Decidendi
The court found the application for adjournment unmeritorious, holding that the reasons advanced by the defendant's counsel did not outweigh the need for expeditious hearing and determination of the matter. The court relied on the principle that advocates must be prepared for hearings and that justice should not be delayed, as enshrined in the Constitution and the Environment and Land Court Act. The court thus disallowed the application for adjournment and ordered the hearing to proceed as previously scheduled.
Court Disposition
application for adjournment disallowed; hearing to proceed
Orders
- The defendant's application for adjournment is disallowed.
- The hearing of the suit shall proceed as previously ordered on May 24, 2023.
Full Case Text
Judgment text and source record
28 paragraphs
Ogwang & 3 others v Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased) (Environment & Land Case 28 of 2021) [2023] KEELC 18964 (KLR) (24 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18964 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 28 of 2021
GMA Ongondo, J
July 24, 2023
Between
Andrew Otieno Ogwang
1st Plaintiff
Tom Ochola Odhiambo
2nd Plaintiff
Grace Akinyi Okinda
3rd Plaintiff
Lucy Atieno Ochieng
4th Plaintiff
and
Tom Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased)
Defendant
Ruling
1. I have heard an application by Mr. Odingo learned counsel for the defendant to have the hearing of this suit adjourned from today to another date to enable him put his house in order and for reasons including more time to obtain some documents herein.
2. Further, I have heard Mr. Ochwangi for the plaintiffs who has opposed the application on the basis, inter alia, that this is an old matter that cries for hearing and determination.
3. Having considered the application and the opposition thereto coupled with the decision in Butt v Rent Restriction Tribunal (1979) eKLR that advocates are profession advisors of their clients as well as article 159(2) (b) of the Constitution of Kenya, 2010 and section 3 of the Environment andLand Act, 2015 (2011) on expeditious delivery of justice, I find the application unmeritorious.
4. In the result, I disallow the application.
5. By the way, the defendant’s counsel will be at liberty to precipitate my application as the hearing of the suit proceeds.
6. On that account, further hearing of this suit starts pursuant to the orders given on May 24, 2023.
7. It is so ordered.
DATED AND DELIVERED THIS 24TH DAY OF JULY, 2023. G .M .A ONG’ONDOJUDGE