1. I have considered the application for adjournment. This matter was fixed for today on 20th February, 2025 more than a month ago. This is a 1994 matter. The application that was coming up for hearing was filed and served in December, 2024.
2. In the premises, I do not think any good reason has been advanced why Mr. Orego is not ready to proceed today. The counsels for the other parties were ready. They have been in court since 8.30am.
3. Even though the directions of 20th February, 2025 were that the matter would be heard in open court, Mr. Orego never turned up at 8.30am nor did he send any one to hold his brief. The court decided to wait for him since his client was in court at the time and ordered that the matter proceeds in open court at 12.30pm.
4. At 12.30pm, although the petitioner is in open court with all the others, Mr. Orego isn’t. He is applying for adjournment from the comfort of his chambers. He has not explained the difficulty he had to prepare for hearing even though the Court of Appeal matter terminated at 10.00am.
5. I think such application need to be discouraged. Since the case belongs to the petitioner who is in Court, I am inclined to give the petitioner the final chance. There will be no further adjournments considering the history of this matter. I give the following directions: -
a) This matter is adjourned with costs.
b) The Deputy Registrar to procure the original Succession Cause file from the Archives within 30 days.
c) The parties are granted leave to file and serve affidavits/witness statements within 28 days.
d) Any document filed out of time will stand struck out and/expunged from the record.
e) The Petitioner will bear the costs of the adjournment assessed at Kshs.10,000/= for the applicant and Kshs.10,000/= for the Interested parties and Court Adjournment Fees (CAF) Kshs.1,000/= before the next hearing date.
f) Hearing on 27th May, 2025.
It is so ordered.
2. In the premises, I do not think any good reason has been advanced why Mr. Orego is not ready to proceed today. The counsels for the other parties were ready. They have been in court since 8.30am.
3. Even though the directions of 20th February, 2025 were that the matter would be heard in open court, Mr. Orego never turned up at 8.30am nor did he send any one to hold his brief. The court decided to wait for him since his client was in court at the time and ordered that the matter proceeds in open court at 12.30pm.
4. At 12.30pm, although the petitioner is in open court with all the others, Mr. Orego isn’t. He is applying for adjournment from the comfort of his chambers. He has not explained the difficulty he had to prepare for hearing even though the Court of Appeal matter terminated at 10.00am.
5. I think such application need to be discouraged. Since the case belongs to the petitioner who is in Court, I am inclined to give the petitioner the final chance. There will be no further adjournments considering the history of this matter. I give the following directions: -
a) This matter is adjourned with costs.
b) The Deputy Registrar to procure the original Succession Cause file from the Archives within 30 days.
c) The parties are granted leave to file and serve affidavits/witness statements within 28 days.
d) Any document filed out of time will stand struck out and/expunged from the record.
e) The Petitioner will bear the costs of the adjournment assessed at Kshs.10,000/= for the applicant and Kshs.10,000/= for the Interested parties and Court Adjournment Fees (CAF) Kshs.1,000/= before the next hearing date.
f) Hearing on 27th May, 2025.
It is so ordered.