I have considered the application by the first defendant for adjournment and for leave file fresh compliance documents. I have also considered the submissions by all counsels. The record shows that the defendants were granted adjournments on 17th April 2023 and 23rd October 2023. Ultimately, they were granted the last adjournment on 6th February 2024. Court adjournment fees which was imposed on the defendants on 6th February 2024 remains unpaid. When Mr Maina was coming on record, he must have been fully briefed by his client and Mr Alovi about the order for final adjournment.
As Mr Otinga has correctly argued, the plaintiff testified and closed her case. Any leave to introduce new documents at this stage will be prejudicial to the plaintiff.
The defendants have all along had an advocate of record who indicated to the court that the defendants were ready to proceed with plaintiff’s case. At no point did the defendants ever raise the issue of filing fresh compliance documents. If the previous defence counsels acted contrary to instructions, then the first defendant knows what to do.
Mr Alovi has also suggested that he will need to file fresh compliance documents. It seems that the defendants are making a concerted effort to stall today's hearing.
I note that this is a very old matter which was filed in the year 2013. I find no merit in the application for adjournment. I dismiss it. Hearing to proceed at 12:15 pm.
Dated 20th May 2024.