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Rosebella Jerono Mudavadi & 7 others v David Kariuki Waiganjo & 4 others [2018] KEELC 2246 (KLR)

[2018] KEELC 2246 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2246
Citation
[2018] KEELC 2246 (KLR)
Decided
24 July 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order granting an adjournment to file a list of further documentsCoramD. O. OHUNGO
Holding

The plaintiffs' application for an adjournment to file a list of further documents is denied.

Facts

The case was filed on April 5, 2011, and had not proceeded due to various reasons. On December 6, 2017, the plaintiffs sought an adjournment to file a list of further documents, which was denied.

Issues

  1. Whether the plaintiffs should be allowed to file a list of further documents out of time
  2. Whether the plaintiffs should be granted an adjournment to file the list of further documents

Reasoning

The court considered the plaintiffs' application for an adjournment and denied it, stating that the plaintiffs should have brought forward their case earlier and that the sudden change of circumstances is not acceptable.

Outcome

The plaintiffs' application for an adjournment to file a list of further documents is denied.

Orders

  • Notice of Motion dated 20th December 2017 is allowed with costs to the 1st, 2nd and 3rd defendants
  • The plaintiffs to file and serve further list of documents within 14 days from the date of delivery of this ruling
  • The defendants are at liberty to file and serve further list of documents within 14 days of service

Remedies

  • Costs to the 1st, 2nd and 3rd defendants
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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