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….……………….. 3RD DEFENDANT RULING (Application by plaintiff to set aside proceedings conducted after his application for adjournment was declined; plaintiff absenting himself from court and his counsel applying for adjournment…

…Nyambega for the applicant applied for adjournment for reason that the applicant was not present. Adjournment was given.…

…The record shows that the defendants were granted adjournments on 17th April 2023 and 23rd October 2023. Ultimately, they were granted the last adjournment on 6th February 2024.…

…Court adjournment fees which was imposed on the defendants on 6th February 2024 remains unpaid.…

…I assessed the submissions and I was not persuaded to adjourn.…

…the applicant to pay Court Adjournment Fees of Kshs. 2,000/= and Kshs. 3,000/= to the respondent within 7 days.…

…The issue that now arises for determination is whether the first defendant can be granted an adjournment to enable him call the Land Registrar and one other witness.…

…Following the ruling made earlier today when the court dismissed the first defendant’s application for adjournment, DW1 has now testified. The first defendant’s case is ongoing.…

…It was stated that the defendant’s application for adjournment was properly rejected on 06.02.2025 since no good reason had been given to warrant an adjournment.…

…Come the hearing date the defendant’s advocate sought an adjournment to enable him apply to cease acting for the defendant for lack of instructions.…

…Ariando sought an adjournment on the ground of lack of service.…

…The court adjourned to 04.02.2025, ordered the plaintiffs to pay court adjournment fees, the defendants' costs of the day and directed the 1st plaintiff to serve the 3rd, 7th and 8th defendants.…

…I have considered the application for adjournment and submissions by counsels. The record does not reflect well on the part of the Plaintiff.…

…The Plaintiff has been granted adjournments on 16th January 2023, 6th March 2023, 18th May 2023, 4th December 2023 and 18th March 2024. Some of those adjournments were marked as last adjournments.…

…The Learned Counsel for the Plaintiff vehemently opposed the said application for adjournment.…

…It is purely revolving the now very common trend of Counsel seeking for adjournment of matters already fixed for hearing. This Court loathes adjournment at all costs unless based on unavoidable circumstances.…

…Nyambega sought adjournment because his client was not present. The case was adjourned. The next hearing date was 23 October 2019, before Onyango J, as Mutungi J had been transferred from the station.…

…On that day, the plaintiff again applied for adjournment on the reason that he is out of the country. The adjournment was given. The next time the case came up for hearing was 8 February 2021.…

…THAT the Defendant who was indisposed was unable to attend court and thus an application for adjournment was made on behalf of the Defendant; 3.…

…THAT at the time of making such application for adjournment, the Defendant’s counsel did not have any medical proof of the said sickness; 4.…

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

…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…

…That for the reasons above the 4th defendant application for adjournment is rejected and hearing to proceed.” Mr.…

…Ngonze, sought for an adjournment, which the court declined.…

…I have considered the Plaintiff’s application for adjournment and the submissions. The reason given is that Mr Ombego is indisposed and unable to be in court.…

…I find no merit in the application for adjournment. I dismiss it. Hearing to proceed at 12.20pm. Dated at Kakamega this 1st day of October 2024.…

…for 3rd October 2023 with a condition that his advocate avails a medical report/record; that on the material date, his advocate did was attend court but sent another advocate to apply for an adjournment for the reason that…

…his condition had worsened; that the court granted the adjournment but directed the advocate to file his medical report/ record within five failing which the suit would stand dismissed. 3.…

…the hearing of his client’s case and thus left it to the defendants’ advocates to make their application for an adjournment during the hearing date. 9.…

…Order 17 Rule 1 of the Civil Procedure Act provides as follows:- “Once the suit is set down for hearing, it shall not be adjourned unless a party applying for an adjournment satisfies the court that it is just to grant the…

…Mr Simiyu, counsel for the 6th and 7th Defendants, has sought an adjournment to enable him to consider, in his words, whether to withdraw the claim by the 6th and 7th Defendants.…

…I find no merit in the application for adjournment. I dismiss it. Hearing to proceed. Dated at Kakamega this 29th day of October 2024.…

…The Court declined an adjournment given the ruling and directions it had provided on 28th September 2023. One witness was taken. Counsel for the Plaintiff, Mr.…

…Ogeto, applied for adjournment because the 2nd witness had not conferenced with counsel for the hearing. The application was opposed.…

…The record further confirms that after the counsel applied for either adjournment or virtual hearing for reasons that the applicant was in Nairobi and unwell, the court directed/ordered as follows: “Hearing virtually at 10.30…

…Birir was present and he moved the court to either adjourn or have his client heard virtually. The court agreed and fixed the hearing at 10.30 am.…

…The material on record shows that when the suit came up for hearing on 07.04.2025 a state counsel from the Attorney General’s office appeared virtually and sought an adjournment on the same grounds advanced in the motion.…

…The court found that the lengthy inaction by the Attorney General had not been explained hence the court was not satisfied that there was a good reason to adjourn the suit.…