[2020] KEELC 1083 (KLR)
The court found that although the defendants' advocate failed to communicate with the plaintiffs' advocate regarding his illness and inability to attend, in the greater interest of justice, an adjournment would be granted. However, to compensate for the inconvenience caused to the plaintiffs and their advocate, the...
Source-derived case information.
- Citation
- [2020] KEELC 1083 (KLR)
- Parties
- Plaintiff: Zipporah Karigu Mugambi alias M’Mugambi Ngiti; Plaintiff: John Mwathi M’Mugambi; Plaintiff: Jeremiah Marauko Mugambi; Plaintiff: Beatrice Gacunku; Plaintiff: David Mutugi Karigu; Plaintiff: Josphat Njeru Kiaya; Defendant: Sabera Gakundi Mwithi; Defendant: Beatrice Kathambi; Defendant: Charity Kaindi; Defendant: Viriginia Muthoni; Defendant: John Kimathi; Defendant: Alice Karimi; Defendant: James Mutugi Mwanti; Defendant: Gerald Mugambi; Defendant: James Mwenda Mwithi alias John Kimathi; Defendant: Stanley Murithi Nyamu; Defendant: Mary Wambui Mwobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 1 of 2019
- Procedural Posture
- Land and Environment Case / Adjournment Ruling Before Hearing
- Outcome
- Adjournment granted; costs awarded to plaintiffs.
- Legal Topics
- Adjournment of Hearing, Costs Award, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Karigu Mugambi alias M’Mugambi Ngiti
Plaintiff
John Mwathi M’Mugambi
Plaintiff
Jeremiah Marauko Mugambi
Plaintiff
Beatrice Gacunku
Plaintiff
David Mutugi Karigu
Plaintiff
Josphat Njeru Kiaya
Plaintiff
Sabera Gakundi Mwithi
Defendant
Beatrice Kathambi
Defendant
Charity Kaindi
Defendant
Viriginia Muthoni
Defendant
John Kimathi
Defendant
Alice Karimi
Defendant
James Mutugi Mwanti
Defendant
Gerald Mugambi
Defendant
James Mwenda Mwithi alias John Kimathi
Defendant
Stanley Murithi Nyamu
Defendant
Mary Wambui Mwobi
Defendant
Procedural Posture
Land and Environment Case / Adjournment Ruling Before Hearing
Legal Issues
- 1 Whether the hearing should be adjourned due to the absence of the defendants' advocate and some defendants.
- 2 Whether costs should be awarded to the plaintiffs due to the adjournment.
Ratio Decidendi
The court found that although the defendants' advocate failed to communicate with the plaintiffs' advocate regarding his illness and inability to attend, in the greater interest of justice, an adjournment would be granted. However, to compensate for the inconvenience caused to the plaintiffs and their advocate, the court awarded costs to them, to be assessed by the Deputy Registrar. The court emphasized that adjournments on the hearing date, especially when the date was fixed by consent, are discouraged, but the circumstances of the advocate's sudden illness justified a limited indulgence.
Court Disposition
Adjournment granted; costs awarded to plaintiffs.
Orders
- Costs are awarded to the plaintiffs and their advocates, to be assessed by the Deputy Registrar.
- The suit will be heard on 19.10.2020.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLICOF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC SUIT NO. 1 OF 2019 (OS)
ZIPPORAH KARIGU MUGAMBI alias
M’MUGAMBI NGITI....................................................................1ST PLAINTIFF
JOHN MWATHI M’MUGAMBI.................................................2ND PLAINTIFF
JEREMIAH MARAUKO MUGAMBI.......................................3RD PLAINTIFF
BEATRICE GACUNKU..............................................................4TH PLAINTIFF
DAVID MUTUGI KARIGU........................................................5TH PLAINTIFF
JOSPHAT NJERU KIAYA.........................................................6TH PLAINTIFF
VERSUS
SABERA GAKUNDI MWITHI..............................................1ST DEFENDANT
BEATRICE KATHAMBI......................................................2ND DEFENDANT
CHARITY KAINDI................................................................3RD DEFENDANT
VIRIGINIA MUTHONI.........................................................4TH DEFENDANT
JOHN KIMATHI....................................................................5TH DEFENDANT
ALICE KARIMI.....................................................................6TH DEFENDANT
JAMES MUTUGI MWANTI.................................................7TH DEFENDANT
GERALD MUGAMBI............................................................8TH DEFENDANT
JAMES MWENDA MWITHI alias
JOHN KIMATHI...................................................................9TH DEFENDANT
STANLEY MURITHI NYAMU.........................................10TH DEFENDANT
MARY WAMBUI MWOBI................................................11TH DEFENDANT
RULING
1. This suit was slated for hearing on 12. 10. 2020. When the matter came up for hearing the defendants’ advocate and 7 of the 11 defendants were not in court.
2. Miss Ambani, holding brief for Mr. Kaai, the defendants’ advocate told the court that Mr. Kaai had suddenly fallen ill. She asked the court to give the matter another hearing date.
3. Miss Mutegi, the plaintiffs’ advocate decried the fact that although the defendant’s advocate had her contacts, he did not deem it necessary to contact her. She asked the court not to adjourn the matter.
4. I deprecate that the hearing of this suit is being adjourned on the hearing date when the said date was given in the company and with the consent of the parties’ advocates.
5. In the greater interest of justice, however, I will give the parties another hearing date. I will also order that costs be awarded to the plaintiffs and their advocate, to be assessed by the Deputy Registrar.
6. The following orders are issued:
a) Costs are awarded to the plaintiffs and their advocates and the same to be assessed by this court’s Deputy Registrar,
b) The suit will be heard on 19. 10. 2020.
Delivered in open Court at Chuka this 12th day of October, 2020 in the presence of:
CA: Ndegwa
Miss Mutegi for the plaintiffs
Kaai Mugambi for the defendants
P. M. NJOROGE,
JUDGE.