'1. I have carefully listened to Mr. Kipkorir on behalf of the 3rd Defendant and the grounds he proposed, significantly, the illness of counsel Mr. Kiplagat.
2. While I agree with Mr. Bwire that I cannot revisit an issue I have already decided on and that the matter under examination is the review, or ripe for an appeal, since a hearing has not yet started, parties can be awarded costs to ensure that no party is denied access to justice and proceedings.
3. I will allow the adjournment.
4. The communication informing the counsels that Mr. Kiplagat was sick was delayed. The 2nd defendant has incurred high costs for travel to Malindi, as well as expenses for transportation and accommodation for the five witnesses in court, to be reimbursed to the 2nd defendant by the 3rd defendant upon proof of expenditure before the next hearing date.
5. Parties have 7 days hereof to file any statements or documents they may wish to rely on at the hearing.
6. Parties schedule two mutual dates for a physical hearing.
Dated, signed, and delivered electronically in Malindi on 1st December, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Shimaka for the Plaintiff
Mr. Bwire for the 2nd Defendant
Mr. Kipkorir for the 3rd Defendant
Court Assistant: Mshali
Ct. order hearing on the 15th and 16th of December 2025.
'
2. While I agree with Mr. Bwire that I cannot revisit an issue I have already decided on and that the matter under examination is the review, or ripe for an appeal, since a hearing has not yet started, parties can be awarded costs to ensure that no party is denied access to justice and proceedings.
3. I will allow the adjournment.
4. The communication informing the counsels that Mr. Kiplagat was sick was delayed. The 2nd defendant has incurred high costs for travel to Malindi, as well as expenses for transportation and accommodation for the five witnesses in court, to be reimbursed to the 2nd defendant by the 3rd defendant upon proof of expenditure before the next hearing date.
5. Parties have 7 days hereof to file any statements or documents they may wish to rely on at the hearing.
6. Parties schedule two mutual dates for a physical hearing.
Dated, signed, and delivered electronically in Malindi on 1st December, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Shimaka for the Plaintiff
Mr. Bwire for the 2nd Defendant
Mr. Kipkorir for the 3rd Defendant
Court Assistant: Mshali
Ct. order hearing on the 15th and 16th of December 2025.
'