'1. There has been a series of back and forth in this matter.
2. In the past, as the history of the matter will show, there were allegations of irregularities, significantly, on the consent that was entered way back on 16th February 2023 and issued by this court on 17th February 2023. It was later set aside, paving the way for a hearing.
3. Meanwhile, the matter has been before this court several times for compliance with the court allowing the entry of the 3rd Defendant.
4. Significantly, on 6th November 2025, Mr. Kipkorir, for the 3rd Defendant, intimated that they were ready to proceed. It will be noted that Mr. Kiplagat has never been in the conduct of this matter.
5. That further on 16th November 2025, this court directed that parties who had not fully complied to do so with a hearing tentatively fixed on 1st and 2nd December 2025, with 20th November to check compliance.
6. On 20th November 2025 Mr. Bwire for 2nd Defendant and Kipkorir for the 3rd Defendant appeared. Mr. Marende Ncheza was absent. Matter was confirmed for hearing as scheduled, with summons issued to various officials from the Registrar of Companies, the Land Registries, and the Survey Department to place the record straight on the various Deed Plans, resulting in the title documents held by the parties in this suit. Mr. Kipkorir confirmed the hearing and was ready to proceed.
7. Mr. Kipkorir now says he is not ready to proceed. Mr. Kiplagat, who is in charge of the matter, has fallen ill, and several documents filed by the parties have not been brought to their clients'' attention; hence, an adjournment is needed.
8. Mr. Bwire contends that from the history of the matter which has come severally in court and particularly that Mr. Kipkorir is the one who has been in the conduct of the matter, it should proceed. He (Mr. Bwire) has five witnesses who travelled from Nairobi, with paid-up travel and accommodation totalling approximately Kshs 300,000/- (Travel and accommodation). Mr. Bwire states he is ready to have counsel accommodated and to have the matter handled virtually.
9. In view of the history behind this matter, it will be in the interest of the parties to proceed as Mr. Shimaka and Mr. Kipkorir are not physically present in court, with a mixed hearing (Virtual & physical) to proceed as from 11:30 a.m.
Dated, signed, and delivered electronically in Malindi on 1st December, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Shimaka for the Plaintiffs
Mr. Bwire for the 2nd Defendant
Mr. Kipkorir for the 3rd defendant
Court Clerk: Mshali
'
2. In the past, as the history of the matter will show, there were allegations of irregularities, significantly, on the consent that was entered way back on 16th February 2023 and issued by this court on 17th February 2023. It was later set aside, paving the way for a hearing.
3. Meanwhile, the matter has been before this court several times for compliance with the court allowing the entry of the 3rd Defendant.
4. Significantly, on 6th November 2025, Mr. Kipkorir, for the 3rd Defendant, intimated that they were ready to proceed. It will be noted that Mr. Kiplagat has never been in the conduct of this matter.
5. That further on 16th November 2025, this court directed that parties who had not fully complied to do so with a hearing tentatively fixed on 1st and 2nd December 2025, with 20th November to check compliance.
6. On 20th November 2025 Mr. Bwire for 2nd Defendant and Kipkorir for the 3rd Defendant appeared. Mr. Marende Ncheza was absent. Matter was confirmed for hearing as scheduled, with summons issued to various officials from the Registrar of Companies, the Land Registries, and the Survey Department to place the record straight on the various Deed Plans, resulting in the title documents held by the parties in this suit. Mr. Kipkorir confirmed the hearing and was ready to proceed.
7. Mr. Kipkorir now says he is not ready to proceed. Mr. Kiplagat, who is in charge of the matter, has fallen ill, and several documents filed by the parties have not been brought to their clients'' attention; hence, an adjournment is needed.
8. Mr. Bwire contends that from the history of the matter which has come severally in court and particularly that Mr. Kipkorir is the one who has been in the conduct of the matter, it should proceed. He (Mr. Bwire) has five witnesses who travelled from Nairobi, with paid-up travel and accommodation totalling approximately Kshs 300,000/- (Travel and accommodation). Mr. Bwire states he is ready to have counsel accommodated and to have the matter handled virtually.
9. In view of the history behind this matter, it will be in the interest of the parties to proceed as Mr. Shimaka and Mr. Kipkorir are not physically present in court, with a mixed hearing (Virtual & physical) to proceed as from 11:30 a.m.
Dated, signed, and delivered electronically in Malindi on 1st December, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Shimaka for the Plaintiffs
Mr. Bwire for the 2nd Defendant
Mr. Kipkorir for the 3rd defendant
Court Clerk: Mshali
'