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SOLOMON K. RUGUT
V.
JOSEPH W. MUNDIA & ANOR.

(2017) JELR 95434 (CA)

Court of Appeal 30 May 2017 Kenya
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Case Details

Suit Number:Civil Application 327 of 2013
Judges:George Benedict Maina Kariuki
Location:Nyeri
Other Citations:Solomon K. Rugut v. Joseph W. Mundia & another [2017] eKLR

RULING

This application was fixed for hearing today and counsel on record for both parties were duly served. Learned counsel Mr. Harrison Kinyanjui has appeared on behalf of Mr. Kariu whose brief he holds and has sought adjournment on the ground that Mr. Kariu is not available to prosecute the application. His instructions are limited to seeking adjournment as he has not prepared for or gotten up on the application.

On his part, learned counsel Lawrence Karanja opposes the application for adjournment as he has been in Court since morning waiting for this hearing and yet no one indicated to him as a matter of courtesy that an application for adjournment would be made.

I observe that the application was filed on 9th March 2017. It relates to restoration of an appeal. This is the first application for adjournment by counsel for the applicant. It is not however clear why Mr. Kariu did not detail another counsel in good time to take up the matter on his behalf nor is it clear why he is unable…

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