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)
- Court
- Environment & Land Court
- Case number
- 18882
- Citation
- [2023] KEELC 18882 (KLR)
- Decided
- 12 July 2023
Summary at a glance
Facts
The case was originally scheduled for May 24, 2023, but was adjourned due to lack of time. On July 5, 2023, the matter was called at 9:00 am in the virtual platform, and one Kibukosya, holding brief for Mr. Esuchi, sought an adjournment on the grounds that Mr. Esuchi was sick. The plaintiff's counsel was not present.
Issues
- Adjournment Request
- Change of Circumstances
Reasoning
The court found that the case was originally adjourned due to lack of time and was given dates of May 5 and July 12, 2013, at 3 pm to 5 pm. On July 5, 2023, the matter was called at 9:00 am in the virtual platform, and one Kibukosya, holding brief for Mr. Esuchi, sought an adjournment on the grounds that Mr. Esuchi was sick. There is no evidence to indicate that the plaintiff's counsel communicated to Mr. Mbichire about the change of circumstances.
Outcome
The case shall proceed as scheduled at 3:00 pm.
Orders
- Proceed as scheduled at 3:00 pm
Loading judgment…