Guy Spencer ELMS (Suing as the personal representative of the state of Roger Bryan Robson (Deceased) v Agnes Kariuki Kagure [2019] KEELC 1306 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC CIVIL CASE NO. 80 OF 2015

GUY SPENCER ELMS(Suing as the personal

representativeof the state of Roger Bryan Robson (Deceased).....PLAINTIFF

=VERSUS=

AGNES KARIUKI KAGURE......................................................DEFENDANT

DIRECTIONS

1. There  is a notice of motion date 10th May 2015 filed by the plaintiff seeking stay of these proceedings pending the hearing and final determination of the High Court. Succession Cause No 955 of 2013.  (In the matter of the Estate of Roger Bryan Robson (Deceased).

2. Mr. Maloba for the defendant objects to the application for adjournment on the  grounds that the plaintiff  continues to enjoy interim orders.  Further that the subject matter in these proceedings was excluded in the confirmation of grant in High Court Succession No. 955 of 2013.

3. I have considered the rival submissions of counsel.  I have also perused the grounds of the notice of motion dated 10th May 2019. It is not in dispute that the subject matter in this suit being LR Nos 2327/10 and 2327/117 are substantially a question of dispute in this suit and the pending High Court Succession Cause No. 955 of 2013 between the Estate of Roger Bryan Robson (Deceased) and the defendant herein. I hereby  direct that the notice of motion dated 10th May 2015 be heard first.  The defendant is directed to file a response so that the same can be heard and determined expeditiously.

It is so ordered.

Dated, signed and delivered in Nairobi on this 18th day of September 2019.

..........................

L. KOMINGOI

JUDGE

In the presence of:-

...................................Advocate for the Plaintiff

................................Advocate for the Defendant

....................................................Court Assistant