Ogwang & 3 others v Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased) [2023] KEELC 18964 (KLR) | Adjournment Of Hearing | Esheria

Ogwang & 3 others v Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased) [2023] KEELC 18964 (KLR)

Full Case Text

Ogwang & 3 others v Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased) (Environment & Land Case 28 of 2021) [2023] KEELC 18964 (KLR) (24 July 2023) (Ruling)

Neutral citation: [2023] KEELC 18964 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 28 of 2021

GMA Ongondo, J

July 24, 2023

Between

Andrew Otieno Ogwang

1st Plaintiff

Tom Ochola Odhiambo

2nd Plaintiff

Grace Akinyi Okinda

3rd Plaintiff

Lucy Atieno Ochieng

4th Plaintiff

and

Tom Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased)

Defendant

Ruling

1. I have heard an application by Mr. Odingo learned counsel for the defendant to have the hearing of this suit adjourned from today to another date to enable him put his house in order and for reasons including more time to obtain some documents herein.

2. Further, I have heard Mr. Ochwangi for the plaintiffs who has opposed the application on the basis, inter alia, that this is an old matter that cries for hearing and determination.

3. Having considered the application and the opposition thereto coupled with the decision in Butt v Rent Restriction Tribunal (1979) eKLR that advocates are profession advisors of their clients as well as article 159(2) (b) of the Constitution of Kenya, 2010 and section 3 of the Environment andLand Act, 2015 (2011) on expeditious delivery of justice, I find the application unmeritorious.

4. In the result, I disallow the application.

5. By the way, the defendant’s counsel will be at liberty to precipitate my application as the hearing of the suit proceeds.

6. On that account, further hearing of this suit starts pursuant to the orders given on May 24, 2023.

7. It is so ordered.

DATED AND DELIVERED THIS 24TH DAY OF JULY, 2023. G .M .A ONG’ONDOJUDGE