[2022] KEELC 1769 (KLR)
The court found that the succession case upon which the application for stay was predicated had been pending for nearly 30 years without explanation for the delay. In the interest of expeditious justice and to avoid further delay, the court declined to stay the proceedings. However, the court granted the respondents...
Source-derived case information.
- Citation
- [2022] KEELC 1769 (KLR)
- Parties
- Plaintiff: David Kimaitha Manyara & Another; Defendant: County Government of Marsabit; Defendant: Zeinab Kurewa; Defendant: Abdikadir Kurewa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 017 of 2021
- Procedural Posture
- Land Case / Interlocutory Ruling
- Outcome
- Application for stay declined; respondents granted 7 days to file submissions; directions to be taken on specified date.
- Legal Topics
- Succession Proceedings, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Kimaitha Manyara & Another
Plaintiff
County Government of Marsabit
Defendant
Zeinab Kurewa
Defendant
Abdikadir Kurewa
Defendant
Procedural Posture
Land Case / Interlocutory Ruling
Legal Issues
- 1 Whether the hearing of the present suit should be stayed pending the determination of Meru HCC Succession No. 96 of 1993.
- 2 Whether the respondents should be granted additional time to file and exchange submissions.
Ratio Decidendi
The court found that the succession case upon which the application for stay was predicated had been pending for nearly 30 years without explanation for the delay. In the interest of expeditious justice and to avoid further delay, the court declined to stay the proceedings. However, the court granted the respondents a final opportunity to file their submissions within 7 days, emphasizing that this was their last chance to do so. The court directed that the matter proceed without further delay and set a date for directions.
Court Disposition
Application for stay declined; respondents granted 7 days to file submissions; directions to be taken on specified date.
Orders
- Respondents to file and serve their submissions within 7 days from the date of the ruling.
- No further extension of time will be granted for filing submissions.
Full Case Text
Judgment text and source record
20 paragraphs
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