[2023] KEELC 18882 (KLR)
The court declined to grant the adjournment because the applicant failed to provide evidence that the plaintiff's counsel was informed of the request or the change in circumstances. The court emphasized that adjournments are not automatic and must be justified with proper communication to all parties. Since there...
Source-derived case information.
- Citation
- [2023] KEELC 18882 (KLR)
- Parties
- Plaintiff: Unity 45 Housing Co-operative Society Limited; Defendant: Peter Ngulu Kimuli; Defendant: Kori Kamuyu; Defendant: Sammy Kamande; Defendant: Peter Mwaga; Interested Party: Dorice Auma Owuor; Interested Party: Timothhy Mwema Kibanga; Interested Party: Joshua Nzua Muthusi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 994 of 2014
- Procedural Posture
- Environment and Land Case / Ruling on Adjournment Application
- Outcome
- Adjournment application declined; matter to proceed as scheduled.
- Judges
- LN Mbugua
- Legal Topics
- Adjournment of Hearing, Case Management, Court Discretion
- Source Language
- en
Source-derived case record
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Parties
Unity 45 Housing Co-operative Society Limited
Plaintiff
Peter Ngulu Kimuli
Defendant
Kori Kamuyu
Defendant
Sammy Kamande
Defendant
Peter Mwaga
Defendant
Dorice Auma Owuor
Interested Party
Timothhy Mwema Kibanga
Interested Party
Joshua Nzua Muthusi
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Adjournment Application
Legal Issues
- 1 Whether the court should grant an adjournment sought by the defendants' counsel due to counsel's illness.
- 2 Whether sufficient communication was made to the plaintiff's counsel regarding the request for adjournment.
Ratio Decidendi
The court declined to grant the adjournment because the applicant failed to provide evidence that the plaintiff's counsel was informed of the request or the change in circumstances. The court emphasized that adjournments are not automatic and must be justified with proper communication to all parties. Since there was no such evidence, the court exercised its discretion to refuse the adjournment and directed that the matter proceed as scheduled.
Court Disposition
Adjournment application declined; matter to proceed as scheduled.
Orders
- The application for adjournment is declined.
- The matter shall proceed as scheduled at 3.00 pm on July 12, 2023.
Full Case Text
Judgment text and source record
31 paragraphs
Unity 45 Housing Co-operative Society Limited v Kimuli & 3 others (As Chairman, Secretary, Treasurer and Patron of Maili Saba Mwengenye Youth Self Help Group); Owuor & 2 others (Interested Parties) (Environment & Land Case 994 of 2014) [2023] KEELC 18882 (KLR) (12 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18882 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 994 of 2014
LN Mbugua, J
July 12, 2023
Between
Unity 45 Housing Co-operative Society Limited
Plaintiff
and
Peter Ngulu Kimuli
1st Defendant
Kori Kamuyu
2nd Defendant
Sammy Kamande
3rd Defendant
Peter Mwaga
4th Defendant
As Chairman, Secretary, Treasurer and Patron of Maili Saba Mwengenye Youth Self Help Group
and
Dorice Auma Owuor
Interested Party
Timothhy Mwema Kibanga
Interested Party
Joshua Nzua Muthusi
Interested Party
Ruling
1. This ruling relates to the prayer for adjournment sought by Mr. Kibukosya holding brief for Mr. Esuchi. I find that this case was adjourned on May 24, 2023 for want of time and was given the dates of 5th and July 12, 2013 at 3 pm to 5 pm (in both dates). However, on July 5, 2023 the matter was called out at 9. 00 am in the virtual platform, and in absence of plaintiffs counsel, one Kibukosyo holding brief for Mr. Esuchi sought adjournment on the basis that Mr. Esuchi was sick. He also indicated that the case can proceed on July 12, 2023. There is no evidence tabled by Mr. Kibukosya to indicate that they communicated to Mr. Mbichire for plaintiff on the change of circumstances. In that regard, I decline to adjourn the case.
2. The matter shall proceed as scheduled at 3. 00 pm.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE