RULING
1. The Application dated 21st day of September 2022 is presented by the Applicant under Articles 27 and 159 of the Constitution of Kenya, Sections 38, 47,66,76 a,b,c and d 83,87,94 and 95 of the Law of Succession Act, Cap 160 and Rules 43,44, 58 and 78 of the Probate and Administration Rules and any other enabling provisions of the Laws of Kenya.
2. The Applicant seeks orders that pending the hearing of his Application dated 5th October 2020, there be a temporary stay of all other proceedings in the cause.
3. The Application is opposed by the Respondents who have filed Grounds of Opposition dated 26th September 2022
4. On 5th October 2022, the Court observing that there were 4 applications pending directed, with the consent of the parties, that the same be canvassed by way of written submissions. The 4 Applications are those dated 5th October 2020, 30th June 2022, 4th July 2022 and 21st September 2022 (subject to this ruling). The parties opted to file consolidated submissions. For good order I will render separate rulings.
5. The Respondent presented the Application dated 21st September 2022 for the sole purpose of delaying the hearing of the Application dated 30th June 2022 pending the hearing and determination of his application 5th October 2020, considering the directions given on 5th October 2022, that application is spent and there is no live issue for this court to determine.
6. The Application is accordingly dismissed with no order as to costs.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS…10th …DAY OF ……March……..2023.
In the presence of ………Farrah Dawood………. Advocate for Applicant
……………………………Respondent