1.DHIRAN KOTAK 2.AZIZ TAYABALI vs SHABAHA INVESTMENTS LTD. & 6 OTHERS [2003] KEHC 481 (KLR)
- Court
- High Court
- Case number
- 481
- Citation
- [2003] KEHC 481 (KLR)
- Decided
- 3 March 2003
- Parties
- raw · defendants · plaintiffs
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from an order granting an adjournmentCoramP.N. WAKI
Holding
The Court granted the Plaintiffs' adjournment request, but imposed conditions on the payment of costs and the setting down of the case for hearing.
Facts
The Plaintiffs, 1.Dhiran Kotak and 2.Aziz Tayabal, instructed new Advocates, M/s Kinyua Kamundi, for the hearing of the suit. However, Mr. Kinyua was not ready for the hearing and sought an adjournment. The Defendants opposed the adjournment, citing the Plaintiffs' conduct as deliberate delay.
Issues
- Whether the Plaintiffs' conduct was deliberate delay
- Whether the Plaintiffs should be granted an adjournment
Reasoning
The Court found that the Plaintiffs' conduct was deliberate delay and granted the adjournment, but emphasized that the Plaintiffs would bear the costs and consequences of exercising their right to appoint counsel.
Outcome
The Plaintiffs' application for adjournment was granted.
Orders
- Adjournment granted
- Plaintiffs to pay Court Adjournment Fees
- Plaintiffs to pay getting-up and adjournment costs to Defendants
- Plaintiffs to pay witness expenses to Defendants if not agreed
- Case set down for hearing within 90 days
- Plaintiffs to pay costs if they fail to comply with the orders
Remedies
- Adjournment of the hearing
- Payment of costs
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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