Wanjala & 12 others v Musioma & others [2023] KEELC 20689 (KLR)

Wanjala & 12 others v Musioma & others (Environment & Land Case 300 of 2004) [2023] KEELC 20689 (KLR) (9 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20689 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 300 of 2004

LN Mbugua, J

October 9, 2023

Between

Newton Wanjala & 12 others

Plaintiff

and

Joseph Ziro Musioma & others

Defendant

Ruling

1. I have considered the application for adjournment made by the plaintiffs to the effect that their witness is sick. They have availed the medical sheets to that effect. They contend that the sick plaintiff is the only one who has recorded a statement, and he is one Newton Wafula.

2. Wafula is however not the only witness who has recorded a statement. The Trial Bundle of the plaintiff’s indicates that there are 8 witnesses in all.

3. I discern that this being a case of 2004, the same should not be adjourned. The case is to proceed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 9TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ndiso and Gichuhi for PlaintiffMwangi and Angwenyi for 1st & 2nd DefendantsMacharia for 3rd DefendantKipchirchir for 4th DefendantOsoro for the 11th Interested Party (in main suit) and 14th and 15th Defendants in the Counter ClaimKasim Felix Wekeso 2nd plaintiff1st and 2nd DefendantsPlaintiffsPatrick Kairu for 3rd DefendantJohn Masesa for 4th DefendantMathew Mbaluka Mutiso 11th Interested Party (also 14th and 15th Defendant in Counter ClaimCourt Assistant: Eddel