Unity 45 Housing Co-operative Society Limited v Kimuli & 3 others (As Chairman, Secretary, Treasurer and Patron of Maili Saba Mwengenye Youth Self Help Group); Owuor & 2 others (Interested Parties) [2023] KEELC 18882 (KLR)

Unity 45 Housing Co-operative Society Limited v Kimuli & 3 others (As Chairman, Secretary, Treasurer and Patron of Maili Saba Mwengenye Youth Self Help Group); Owuor & 2 others (Interested Parties) (Environment & Land Case 994 of 2014) [2023] KEELC 18882 (KLR) (12 July 2023) (Ruling)

Neutral citation: [2023] KEELC 18882 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 994 of 2014

LN Mbugua, J

July 12, 2023

Between

Unity 45 Housing Co-operative Society Limited

Plaintiff

and

Peter Ngulu Kimuli

1st Defendant

Kori Kamuyu

2nd Defendant

Sammy Kamande

3rd Defendant

Peter Mwaga

4th Defendant

As Chairman, Secretary, Treasurer and Patron of Maili Saba Mwengenye Youth Self Help Group

and

Dorice Auma Owuor

Interested Party

Timothhy Mwema Kibanga

Interested Party

Joshua Nzua Muthusi

Interested Party

Ruling

1. This ruling relates to the prayer for adjournment sought by Mr. Kibukosya holding brief for Mr. Esuchi. I find that this case was adjourned on May 24, 2023 for want of time and was given the dates of 5th and July 12, 2013 at 3 pm to 5 pm (in both dates). However, on July 5, 2023 the matter was called out at 9. 00 am in the virtual platform, and in absence of plaintiffs counsel, one Kibukosyo holding brief for Mr. Esuchi sought adjournment on the basis that Mr. Esuchi was sick. He also indicated that the case can proceed on July 12, 2023. There is no evidence tabled by Mr. Kibukosya to indicate that they communicated to Mr. Mbichire for plaintiff on the change of circumstances. In that regard, I decline to adjourn the case.

2. The matter shall proceed as scheduled at 3. 00 pm.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE