In re Estate of Samwel Muiruri Nganga - Deceased (Succession Cause 88 of 2013)  KEHC 1373 (KLR) (1 March 2023) (Ruling)
Neutral citation:  KEHC 1373 (KLR)
Republic of Kenya
Succession Cause 88 of 2013
RN Nyakundi, J
March 1, 2023
Charles Mbugua Muiruri
Zipporah Njoki Muiruri
1.The applicant herein sought an adjournment to file more witness statements. Keeping in mind that both parties had closed their cases, it is my view that the same would not be in the interest of justice as it will be tantamount to allowing the applicant to steal a march on the respondent. Further, it will be an infringement on the right to a fair hearing as provided by article 50(1) of the Constitution as it will be an ambush on the respondent who will be required to respond, and as a result this will then open up the closed cases of both parties once more.
2.The applicant was given an opportunity to be heard and he presented the witnesses and statements he opined would best suit his case. Considering the age of the matter, it is my considered view that allowing an adjournment, more so for the reasons sought would be unjust. The applicant has not laid a basis for the orders sought to issue and his conduct is a complete negation of the overriding objective of the law of attaining an expeditious, affordable, proportionate and just disposal of dispute.
3.In Chairman, Secretary & Treasurer suing as the officials/on behalf of House of Hope v Wotta – House Limited  eKLR it was held;
4.Whereas the right to be heard is enshrined in the Constitution it is apposite that the same be implemented keeping in mind that litigation must come to an end. In the premises, upon considering the circumstances I find that I cannot allow the applicants prayer to file the witness statements at this juncture.
DELIVERED, DATED AND SIGNED ON THIS 1ST DAY OF MARCH 2023.............................................R.NYAKUNDIJUDGE