RULING
1. This matter was scheduled for hearing on the 15.12.025 when the Plaintiff testified and closed their case.
2. The matter was then fixed for hearing of the Defence Case today by consent.
3. The Defendant Counsel did file an Application dated 06.03.2026 to cease acting.
4. However, despite the Defence Counsel pending application, the expectation of the Court was that the 1st -5th Defendants would have been present for the hearing.
5. The Defence Counsel states that there was a breakdown of communication and the 1st -5th Defendants are not aware of today’s date.
6. If this was the true position, the application to cease acting would have filed in good time so that the Plaintiff is granted time to serve the 1st – 5th Defendants in person.
7. In any event, there is no evidence adduced before the Court of any efforts by the 1st – 5th Defendants’ Counsel to contact the clients either through a letter or even an SMS.
8. In view of the above, the Court is of the view that there is no reason adduced by the 1st -5th Defendant Counsel on the absence of the 1st -5th Defendants.
9. As such, the Application for adjournment is declined.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Adongo for the Plaintiff
Defendant: Mr. Momanyi for the 1st -5th Defendants
| ELC.E010 of 2023 RULING1 |