The Originating Summons was submitted on April 19, 2023, along with a subsequent application for an injunction and Preliminary Objection. On November 27, 2023, the parties agreed to maintain the status quo pending the hearing and determination of the main suit.
2. When this matter was scheduled for hearing on November 20, 2024, Ms. Amina represented Mr. Mukanzi for the Applicants. She submitted that counsel was reportedly unwell. The application was contested. After carefully considering the application for adjournment and hearing the parties' arguments, the court, particularly considering the age of the 1st Respondent, who was said to be over 80, determined that the matter should be fast-tracked, disallowing dismissal that day. An adjournment was granted.
3. The matter was scheduled for hearing today. Mr. Iddi, on behalf of Mr. Mukanzi, has requested an adjournment once again because the Applicant's counsel was said to have fallen ill this morning and had instructed the Applicants not to attend court.
4. The counsels for the Respondents, Mr. Mungai and Mr. Munga, opposed the application on behalf of the 1st and 2nd to 5th Respondents, respectively, because similar reasons were given regarding Mr. Mukanzi's illness when the matter was last in court. The counsels argued that other advocates, in the firm of Waziri Omollo, could competently proceed with the matter other than Mr. Mukanzi. They urged the court to proceed with the hearing or dismiss the case for want of prosecution. The court scheduled the matter for hearing at 11:00 a.m.
5. At 11:15 am, Mr. Iddi insisted that Mr. Mukanzi was ill. At the same time, the other counsels for the Respondents, Mr. Mungai and Mr. Munga, maintained that the Applicants were not motivated to prosecute this matter, which pertains to a land issue, over which they are in illegal occupation. In light of the circumstances of the case, and the past conduct of the parties and counsel who are not keen to prosecute the matter, the court, after careful consideration and exercising its discretion, declines to grant the adjournment and determines that it has no alternative but to dismiss the entire claim with costs to the participating Respondents.
6. Therefore, the Applicants' claim is hereby dismissed, and costs are awarded to the Respondents for want of prosecution.
Dated, signed, and delivered virtually at Malindi on this 6th day of April 2025.
E. K. MAKORI
JUDGE
In the Presence of:
Mr. Iddi for the Applicants holding brief for Mukanzi
Mr. Mungai for the 1st Respondent
Mr. Munga for 2nd – 5th Respondents
Court Assistant: Happy
2. When this matter was scheduled for hearing on November 20, 2024, Ms. Amina represented Mr. Mukanzi for the Applicants. She submitted that counsel was reportedly unwell. The application was contested. After carefully considering the application for adjournment and hearing the parties' arguments, the court, particularly considering the age of the 1st Respondent, who was said to be over 80, determined that the matter should be fast-tracked, disallowing dismissal that day. An adjournment was granted.
3. The matter was scheduled for hearing today. Mr. Iddi, on behalf of Mr. Mukanzi, has requested an adjournment once again because the Applicant's counsel was said to have fallen ill this morning and had instructed the Applicants not to attend court.
4. The counsels for the Respondents, Mr. Mungai and Mr. Munga, opposed the application on behalf of the 1st and 2nd to 5th Respondents, respectively, because similar reasons were given regarding Mr. Mukanzi's illness when the matter was last in court. The counsels argued that other advocates, in the firm of Waziri Omollo, could competently proceed with the matter other than Mr. Mukanzi. They urged the court to proceed with the hearing or dismiss the case for want of prosecution. The court scheduled the matter for hearing at 11:00 a.m.
5. At 11:15 am, Mr. Iddi insisted that Mr. Mukanzi was ill. At the same time, the other counsels for the Respondents, Mr. Mungai and Mr. Munga, maintained that the Applicants were not motivated to prosecute this matter, which pertains to a land issue, over which they are in illegal occupation. In light of the circumstances of the case, and the past conduct of the parties and counsel who are not keen to prosecute the matter, the court, after careful consideration and exercising its discretion, declines to grant the adjournment and determines that it has no alternative but to dismiss the entire claim with costs to the participating Respondents.
6. Therefore, the Applicants' claim is hereby dismissed, and costs are awarded to the Respondents for want of prosecution.
Dated, signed, and delivered virtually at Malindi on this 6th day of April 2025.
E. K. MAKORI
JUDGE
In the Presence of:
Mr. Iddi for the Applicants holding brief for Mukanzi
Mr. Mungai for the 1st Respondent
Mr. Munga for 2nd – 5th Respondents
Court Assistant: Happy