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ELCOtherEnvironment & Land Case 28 of 2021· [2023] KEELC 18964 (KLR)

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

Environment and Land Court
24 July 2023
GOGMA Ong'ondo
332 words in judgment
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The bottom line

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Kenya's Environment and Land Court refused to delay an old land dispute, confirming adjournments are not automatic and hearings must proceed expeditiously.

What this practically means

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Executive summary

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This is a short interlocutory ruling by GMA Ong'ondo, J of the Environment and Land Court at Homa Bay in an old land suit, Environment & Land Case 28 of 2021, brought by four plaintiffs against Tom Odak as legal representative and administrator of the estate of Zilpah Odak (deceased). At the hearing, the defendant's counsel, Mr. Odingo, sought an adjournment to enable him put his house in order and obtain certain documents. Mr. Ochwangi for the plaintiffs opposed, arguing that the matter was old and cried out for hearing and determination. The court considered the application alongside the decision in Butt v Rent Restriction Tribunal (1979) eKLR, that advocates are professional advisors of their clients, together with Article 159(2)(b) of the Constitution of Kenya, 2010 and section 3 of the Environment and Land Court Act on the expeditious delivery of justice. Finding the application unmeritorious, the court disallowed the adjournment, granted the defendant's counsel liberty to precipitate his application as the hearing proceeded, and directed that further hearing of the suit commence pursuant to orders given on May 24, 2023. No costs order was made. The ruling underscores the court's commitment to expeditious disposal of aged matters under the overriding objective.

Key legal issues

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01

Whether to adjourn the hearing of the suit

Holding

The adjournment application was disallowed as unmeritorious

Reasoning

The court weighed the defendant counsel's request for time to put his house in order and obtain documents against the plaintiffs' objection that this is an old matter. Guided by Butt v Rent Restriction Tribunal on advocates as professional advisors, Article 159(2)(b) on expeditious justice and section 3 of the Environment and Land Court Act, the court found the application unmeritorious and disallowed it, directing the hearing to proceed.

Legal principles established

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  • Adjournments are not granted as of right; the overriding objective of expeditious disposal of justice under Article 159(2)(b) and section 3 of the Environment and Land Court Act prevails

Court orders

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  1. 1.The defendant's application for adjournment is disallowed
  2. 2.The defendant's counsel is at liberty to precipitate his application as the hearing of the suit proceeds
  3. 3.Further hearing of the suit starts pursuant to the orders given on May 24, 2023

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(b)
  • Environment and Land Act, 2015 (2011)section 3

Cases cited (1)

  • Butt v Rent Restriction Tribunal
    (1979) eKLR

    That advocates are professional advisors of their clients

Jurisdiction invoked
Environment and Land Court Act, 2015; Article 159(2)(b) of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ogwang & 3 others v Odak (Sued in his Capacity as the Legal Representative and an Administrator of the Estate of Zilpah Odak - Deceased)", Case Analysis (2023). Environment & Land Case 28 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18964/eng@2023-07-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.