SELINA MECCA WEKESA V. KENNEDY ELLAM WEKESA (SUED AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE ELLAM WEKESA (DECEASED), PROTUS MAKENZI, JARED WANJALA MMASABA, SHIKANGA BENJAMIN WAMBUYA & ATTORNEY GENERAL (SUED ON BEHALF OF THE LAND REGISTRAR BUNGOMA DISTRICT

RULING OF THE COURT

Although the record before us is scanty as apparently several documents such as pleadings before the High Court at Bungoma in Civil Case No. 54 of 2006 which the applicant in this Notice of Motion intends to appeal against, are not in the record before us, it is clear to us that the case that is still before Mombasa High Court Civil Case No. 454 of 2002 (Originating Summons) and the case that was before Bungoma High Court Civil Case No. 54 of 2006 involve members of one family and other people who allege to have bought land from the original head of that family George Ellam Wekesa who had since passed on and was represented in the matter that was before Bungoma Court by his son Kennedy Ellam Wekesa.

Briefly, the applicant in the Notice of Motion dated 17th June, 2014 Sellina Mecca Wekesa was the wife of George Ellam Wekesa. They hailed from what is now Bungoma County, and had a piece of land there registered as L.R. No. NDIVISI/MUCHI/1086 situated at or near Webuye. …