Farah & another v Adan & another [2023] KEELC 20440 (KLR) | Case Management | Esheria

Farah & another v Adan & another [2023] KEELC 20440 (KLR)

Full Case Text

Farah & another v Adan & another (Environment & Land Case E229 of 2022) [2023] KEELC 20440 (KLR) (27 September 2023) (Ruling)

Neutral citation: [2023] KEELC 20440 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case E229 of 2022

LN Mbugua, J

September 27, 2023

Between

Hussein Ahmed Farah

1st Plaintiff

Hussein Unshur Mohamed

2nd Plaintiff

and

Yusuf Abdi Adan

1st Defendant

Mahammed Abdikadir Adan

2nd Defendant

Ruling

1. I have perused the record. I find that on 8. 5.2023 the matter was before Judge Mwangi and the issue at hand concerned rent deposits. That is an issue which has been persistent from the infancy of the suit.

2. What counsel for 1st defendant informed the court is that they were trying to deposit rent for April. They never raised the issue of the sickness of the 1st defendant. They were however granted 14 days to file serve their documents. There was however no compliance.

3. The mater had a hearing date of 22. 6.2023 but was also to be mentioned on 8. 6.2023. On that day of 8. 6.2023, counsel for 1st defendant made an application to file/serve their witness statements and documents. They were granted 7 days to do. There was again no mention of the ailment of the 1st defendant. There was also no compliance with the said orders.

4. The hearing date of 22. 6.2023 was vacated and the matter was scheduled for hearing on 18. 7.2023. Come this date and the counsel for 1st defendant did not in any way raise the issue about the sickness of the 1st defendant. They also never bothered to inform the court as to whether they had complied with Order II of the Civil Procedure Rules.

5. In the circumstances, I decline to grant a mention date. Instead, this matter shall be heard on priority basis in the month of October 2023. The 1st defendant’s counsel shall get the priority of choosing a date in October even though the court’s diary is on 26. 2.2024.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 27TH DAY OF SEPTEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE