ELKANAH OMBAIRE MONYENYE VS DANIEL OUKO OMOKO AND LAWRENCE ONKOBA OUKO

I have considered the Plaintiffs’ application for adjournment and the submissions by both sides.

The main reason advanced for the adjournment is that Mr Bosire intends to obtain instructions on whether to proceed against the estate of the Third Defendant who is said to have passed away early last year. It almost a year since the demise. The Plaintiffs have had more than enough time to take instructions on the issue.

I note that today’s date was fixed by consent on 17^th October 2024. I find no merit in the application for adjournment.

I note however that this matter is partly heard before Mugo Kamau, J. There is need to have the proceedings typed. It is purely on that account that I will adjourn the matter.

I make the following orders:

1. Proceedings in this matter to be typed.
2. Hearing to proceed from where it had reached.
3. The First Defendant shall have today’s costs. The costs shall be in the cause.
4. Mention on 19^th March 2025 to confirm that typed proceedings are ready and to fix further hearing date. Mention Notice to issue.

Dated this 28^th day of January 2025.