Glory Nkuene Rufus & Martin Koome Kiambati v George Kirima [2016] KEHC 8425 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIRONMENT AND LAND COURT

ELC CASE NO. 95 OF 2013

GLORY NKUENE RUFUS

MARTIN KOOME KIAMBATI...........................PLAINTIFFS

VERSUS

GEORGE KIRIMA..............................................DEFENDANT

R U L I N G

1. When parties came to Court for directions concerning an application dated 21/10/2015, the Court was alerted that there was a pending Succession suit touching on the suit land.

2. The parties confirmed that the apposite suit was Meru Succession NO. 472 of 2013.

3. To obviate the possibility of two Courts of concordant, concurrent and horizontal jurisdiction arriving at conflicting decisions, I find it necessary to have the hearing of this suit deferred until the Succession suit is determined.

4. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 5TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-

C:A: Daniel /James

Miss Kiome for the Plaintiffs

George Kirima -the Defendant.

P.M. NJOROGE

JUDGE