Ruling on adjournment
On 24/03/2025, this court gave directions on the parties filing the responses to the Notice of Motion. The 1st Interested Party has filed a replying affidavit and submissions. The applicant already filed his submissions. The Respondent has not filed any response or submissions and prays for more time because Ms Kihara has just taken over the conduct of the matter from Ms Ntabo.
It is unfortunate that the Respondent has since August 2024 when it was initially served with the application, not filed any responses to the Notice of Motion, even after the court directed that they be served for the 2nd time and today, they still need more time. They delay means that the Criminal matter continues while this matter stalls. That is not Justice for all the parties, whether or not the applicant will succeed in this matter. Cases once filed in this court are expected to be concluded expeditiously as contemplated in Article 47 of the Constitution and the Fair Administrative Action Act.
This court shall not entertain delays which cannot be explained to the satisfaction of the court, noting that Article 159 of the Constitution commands that Justice Shall be administered without undue delay.
A party who takes their time to file their responses to pleadings should be prepared to be excluded from the proceedings because they have chosen that route. However, as counsel on record, Ms Kihara has taken over the conduct of the Matter from Ms Ntabo and she appeared ill prepared to handle the matter, I shall in the Interest of Justice, grant leave to the Respondents to file and serve their responses and submissions within 2 days of today, by close of business on Wednesday 07/05/2025 upon which the applicant shall have 3 days of date of service to file and serve a further affidavit if any, together with supplementary submissions.
Since this matter has taken long, and looking at the prayers sought, the issues not being novel to this court, and to avoid any further delay, the next mention on 14/05/2025 shall be for purposes of fixing a judgment date.
I so order.
On 24/03/2025, this court gave directions on the parties filing the responses to the Notice of Motion. The 1st Interested Party has filed a replying affidavit and submissions. The applicant already filed his submissions. The Respondent has not filed any response or submissions and prays for more time because Ms Kihara has just taken over the conduct of the matter from Ms Ntabo.
It is unfortunate that the Respondent has since August 2024 when it was initially served with the application, not filed any responses to the Notice of Motion, even after the court directed that they be served for the 2nd time and today, they still need more time. They delay means that the Criminal matter continues while this matter stalls. That is not Justice for all the parties, whether or not the applicant will succeed in this matter. Cases once filed in this court are expected to be concluded expeditiously as contemplated in Article 47 of the Constitution and the Fair Administrative Action Act.
This court shall not entertain delays which cannot be explained to the satisfaction of the court, noting that Article 159 of the Constitution commands that Justice Shall be administered without undue delay.
A party who takes their time to file their responses to pleadings should be prepared to be excluded from the proceedings because they have chosen that route. However, as counsel on record, Ms Kihara has taken over the conduct of the Matter from Ms Ntabo and she appeared ill prepared to handle the matter, I shall in the Interest of Justice, grant leave to the Respondents to file and serve their responses and submissions within 2 days of today, by close of business on Wednesday 07/05/2025 upon which the applicant shall have 3 days of date of service to file and serve a further affidavit if any, together with supplementary submissions.
Since this matter has taken long, and looking at the prayers sought, the issues not being novel to this court, and to avoid any further delay, the next mention on 14/05/2025 shall be for purposes of fixing a judgment date.
I so order.