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JudgmentWILLIAM KEMEI TANUI VS KANIKA NITIN AMIN2 min read

WILLIAM KEMEI TANUI VS KANIKA NITIN AMIN

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

RULING

  1. The application for adjournment by the new advocate for the Defendant is that he requires time to familiarise himself with the file having taken over the matter yesterday.
  2. It is important to look at the conduct of the Defendant in this file before a determination of this application is made.
  3. This matter was fixed for hearing on 3.06.2025 where parties were directed to avail their witnesses.
  4. On the 3.06.2025 the Plaintiffs testified and thereafter the Defendant applied for an adjournment on the grounds that she was unwell and could not attend court.
  5. The Defendant Counsel could not give a possible date of when the Defendant would be available to testify.
  6. The Court granted the Defendant an adjournment and fixed the matter on 4.07.2025.
  7. In the meantime, the Court also fixed a mention date on 20.06.2025 to confirm if the defendant would be available to testify on 4.07.2025.
  8. On the 20.06.2025, the Defendant Counsel confirmed that the Defendant was getting well and would attend the hearing on 4.07.2025.
  9. Today the new counsel has  not disclosed if the Defendant is available to testify or not.
  10. Instead, the Defendant counsel is now alleging that he is not familiar with the case having been instructed yesterday.
  11. The Court is of the considered view that the late appointment of the advocate by a party is not sufficient reason for adjournment.
  12. The reason is that a court cannot control the manner and time when a party decides to fire or hire their advocates.
  13. Be as it may, if a counsel elects to receive instructions at the last minute before a hearing, it is his duty to burn the midnight oil and proceed with the matter on the date it is scheduled.
  14. In this instance, the new counsel would at least have confirmed the availability of the Defendant witness and if need be seek an adjournment.
  15. As it stands now, the application for adjournment by the Defendant is denied and matter will proceed at 11:30AM in open court.
  16. The new counsel can appear in court or participate through the online platform.


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Kirui for the plaintiff

Defendant: 

    WILLIAM KEMEI TANUI VS KANIKA NITIN AMIN WILLIAM KEMEI TANUI VS KANIKA NITIN AMIN