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JudgmentSAMUEL MOKAYA AND JAIRUS E. MOKAYA VS WALTER OMWENGA1 min read

SAMUEL MOKAYA AND JAIRUS E. MOKAYA VS WALTER OMWENGA

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

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I have considered the applications for adjournment and leave to file witness statement of the 2nd Plaintiff. I have also considered the submissions.

As correctly submitted by Mr Ochoki, this matter went through pre-trials and parties confirmed readiness for trial. If Counsel for the Plaintiffs had gone through the record in detail, he would have realised that the statement of the 2nd Plaintiff was not filed.

It seems to me that the Plaintiffs were generally not prepared to proceed today, as the earlier proceedings of today show.

Purely in the interest of justice, and considering that the statement sought to be filed is that of a party to the suit, I grant the Plaintiffs the last adjournment and leave to file and serve the statement by 5:00pm on 21st November 2025. The Plaintiffs shall pay Court Adjournment Fees and the Defendant’s costs for today. The payments to be made before the next date.

Dated this 18th day of November 2025.

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    SAMUEL MOKAYA AND JAIRUS E. MOKAYA VS WALTER OMWENGA SAMUEL MOKAYA AND JAIRUS E. MOKAYA VS WALTER OMWENGA