[2019] KEELC 1306 (KLR)
The court found that the subject matter of the present suit, being LR Nos 2327/10 and 2327/117, is substantially in dispute both in this suit and in the pending High Court Succession Cause No. 955 of 2013. To ensure orderly proceedings and avoid conflicting decisions, the court directed that the notice of motion...
Source-derived case information.
- Citation
- [2019] KEELC 1306 (KLR)
- Parties
- Plaintiff: Guy Spencer Elms (Suing as the personal representative of the estate of Roger Bryan Robson (Deceased)); Defendant: Agnes Kariuki Kagure
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 80 of 2015
- Procedural Posture
- Civil Case / Directions on Interlocutory Application
- Outcome
- Directions issued for hearing of the notice of motion; no final determination on stay granted at this stage.
- Judges
- LC Komingoi
- Legal Topics
- Succession Disputes, Interim Orders, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guy Spencer Elms (Suing as the personal representative of the estate of Roger Bryan Robson (Deceased))
Plaintiff
Agnes Kariuki Kagure
Defendant
Procedural Posture
Civil Case / Directions on Interlocutory Application
Legal Issues
- 1 Whether the proceedings should be stayed pending the determination of High Court Succession Cause No. 955 of 2013.
- 2 Whether the subject matter of this suit is substantially in dispute in the pending succession cause.
- 3 Whether the defendant should be required to respond to the notice of motion before it is heard.
Ratio Decidendi
The court found that the subject matter of the present suit, being LR Nos 2327/10 and 2327/117, is substantially in dispute both in this suit and in the pending High Court Succession Cause No. 955 of 2013. To ensure orderly proceedings and avoid conflicting decisions, the court directed that the notice of motion dated 10th May 2015 seeking a stay of proceedings be heard first. The defendant was directed to file a response so that the application could be heard and determined expeditiously. The court did not grant an immediate stay but prioritized the hearing of the application for stay, ensuring both parties have an opportunity to present their arguments.
Court Disposition
Directions issued for hearing of the notice of motion; no final determination on stay granted at this stage.
Orders
- The notice of motion dated 10th May 2015 shall be heard first.
- The defendant is directed to file a response to the notice of motion.
Full Case Text
Judgment text and source record
21 paragraphs
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