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

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 plaintis 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 and Land Act, 2015 (2011) on expeditious delivery of justice, I nd the application unmeritorious. 4. In the result, I disallow the application. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18964/eng@2023-07-24 1

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