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Judgmentmwanahawa chitayi VS musa ndaliro muchelule1 min read

mwanahawa chitayi VS musa ndaliro muchelule

Environment and Land Court at Kakamega Environment and Land Court · · Dalmas Ohungo

I have considered the submissions. The record shows that the Plaintiff’s case was closed on 23rd October 2023. Subsequently, the First to Third Defendants’ case was heard from 21st May 2024 and ultimately closed on 15th October 2024. Today’s date was given for purposes of hearing of the Fourth and Fifth Defendants’ case and not the Plaintiff’s case. In those circumstances, the Summons to Witness served on the Fifth Defendant by the Plaintiff is superfluous.

Considering the position taken by Mr Masila, I am inclined to give the Fifth Defendant an opportunity to take legal advice from the State Law Office.

In the circumstances, the Fifth Defendant is granted an adjournment. Further Defence hearing shall be on 5th March 2025. Hearing Notice to issue.

Dated this 9th day of December 2024.

    mwanahawa chitayi VS musa ndaliro muchelule mwanahawa chitayi VS musa ndaliro muchelule