Julius Kibiwott Tuwei v Reuben Argut & 7 others [2021] KEELC 1769 (KLR)

Facts

The plaintiff, Julius Kibiwott Tuwei, filed a suit against several defendants related to a land dispute. The hearing was initially scheduled for June 15, 2021, but the plaintiff and the third defendant were absent. The plaintiff's counsel, Mr. Musungu, was absent due to illness, and the plaintiff sent his counsel to request an adjournment.

Issues

1. Whether the plaintiff's absence and the absence of his counsel constitute good cause for adjourning the suit.
2. Whether the plaintiff's counsel's reasons for absence are credible and sufficient to justify the adjournment.

Reasoning

The court finds that the plaintiff's absence and the absence of his counsel do not constitute good cause for adjournment. The court notes that the plaintiff has been absent from court on multiple occasions and that the matter was not fixed for directions or hearing before the Deputy Registrar.

Outcome

Dismissal of the suit with costs to the defendants.