David Kimaitha Manyara & another v County Government Of Marsabit, Zeinab Kurewa & Abdikadir Kurewa [2022] KEELC 1769 (KLR)

REPUBLIC OF KENYA

IN THE LAND AND ENVIRONMENT COURT

AT ISIOLO

E.L.C CASE NO. 017 OF 2021

DAVID KIMAITHA MANYARA & ANOTHER …......………PLAINTIFF

-VERSUS-

COUNTY GOVERNMENT OF MARSABIT……..……1ST DEFENDANT

ZEINAB KUREWA……………………………….………2NDDEFENDANT

ABDIKADIR KUREWA..………………………..………3RD DEFENDANT

RULING

1. There is an application in this matter that hearing be strayed pending the hearing of Meru Succession Case No. Meru HCC Succession No. 96 of 1993.

2. When the matter came up for directions today, the respondents prayed for 14 days to file and exchange their submissions which ought to have been filed and served.

3. I do note that the Succession Case upon which this application is predicated was filed in 1993, almost 30 years ago.

4. No explanation has been given as to why the case has been in the Judicial pipeline for close to 30 years.

5. I do allow the respondents to file their submissions within 7 days of today.  This is their last chance to do so.  I find that this matter ought to be heard and determined without further delay.

6. Directions will be taken on 7th February, 2022.

Delivered in open court at Isiolo this 31st day of January, 2022 in the presence of:

Court Assistant:  Denge

HON. JUSTICE P.M NJOROGE

ELC JUDGE, ISIOLO