[2023] KEELC 20749 (KLR)
The court found that the plaintiff's application for adjournment lacked merit because no leave had been sought to file and serve additional documents, pleadings had closed as of July 2019, a previous adjournment had already been granted recently, and the matter was old and required expeditious determination. The...
Source-derived case information.
- Citation
- [2023] KEELC 20749 (KLR)
- Parties
- Plaintiff: David Oginga Yoya; Defendant: Ishmael Odhiambo Ochieng; Defendant: Kennedy Otieno Odhiambo; Defendant: Seventh Day Adventist Church (East Africa) Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 46 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Application for Adjournment
- Outcome
- Application for adjournment disallowed.
- Judges
- GMA Ongondo
- Legal Topics
- Adjournment of Hearing, Filing of Documents, Case Management, Environment and Land Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Oginga Yoya
Plaintiff
Ishmael Odhiambo Ochieng
Defendant
Kennedy Otieno Odhiambo
Defendant
Seventh Day Adventist Church (East Africa) Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Adjournment
Legal Issues
- 1 Whether the plaintiff should be granted an adjournment to file and serve additional documents.
- 2 Whether the reasons advanced for adjournment are compelling in the context of the case's age and prior adjournments.
Ratio Decidendi
The court found that the plaintiff's application for adjournment lacked merit because no leave had been sought to file and serve additional documents, pleadings had closed as of July 2019, a previous adjournment had already been granted recently, and the matter was old and required expeditious determination. The defendants were ready to proceed, and the plaintiff had other witnesses available to testify. In the interest of justice and efficient case management, the court disallowed the application, emphasizing the need to avoid unnecessary delays in the hearing and determination of the suit.
Court Disposition
Application for adjournment disallowed.
Orders
- The plaintiff's application for adjournment is hereby disallowed.
Full Case Text
Judgment text and source record
25 paragraphs
Yoya v Ochieng & 2 others (Environment & Land Case 46 of 2021) [2023] KEELC 20749 (KLR) (2 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20749 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 46 of 2021
GMA Ongondo, J
October 2, 2023
(FORMERLY MIGORI ELC NUMBER 03 OF 2019)
Between
David Oginga Yoya
Plaintiff
and
Ishmael Odhiambo Ochieng
1st Defendant
Kennedy Otieno Odhiambo
2nd Defendant
Seventh Day Adventist Church (East Africa) Limited
3rd Defendant
Ruling
1. I have duly considered the entire application by the plaintiff’s counsel Ms Oriche for an adjournment to enable the plaintiff file and serve documents and the objections raised thereto by the 1st, and 2nd defendants’ counsel, Mr Bana and the 3rd defendant in person that there are no compelling reasons thereof, among others.
2. It is paramount to note thus:a.The applicant’s counsel did not seek leave to file and serve documents intended to be filed and served in this case.b.Pleadings closed long time ago, by July 2019 herein.c.Last adjournment was allowed herein on July 24, 2023. d.This is an old matter crying for hearing and determination.e.The defendants are ready for hearing of this suit.f.The plaintiff has other witnesses to testify today in this case.
3. So, to meet the ends of justice pursuant to article 159 (2) (b) of the Constitution of Kenya 2010 and section 3 of the Environment and Land Court Act, 2015, I find the plaintiff’s application unmeritorious.
4. In the result the application is hereby disallowed.
5. It is so ordered.
DATED AND DELIVERED AT HOMA BAY THIS 2ND DAY OF OCTOBER 2023. G.M.A ONG’ONDOJUDGE