A Mombasa based advocate, Mr Robinson Malombo has filed an application recusing himself from a land case after the court directed him to respond to claims that his client was in fact dead.
The advocate has claimed that he has been unable to receive further instructions from his client Mr Joash Adamba thus unable to continue representing him on the matter.
Mr Adamba has been sued over ownership of a prime piece of land in Nyali valued at more than 75 million. In a dramatic twist, two people have emerged claiming to be the administrators of the estate of the alleged dead man through a notice of appointment of an advocate to act for them in the matter.
This notice of appointment confirms claims by other parties that Mr Adamba who was sued last year was infact dead long before the suit was filed.
A party has claimed that Mr Adamba died long ago but in another strange twist, the deceased had filed an affidavit this year defending his ownership of the land.
The land is also being claimed by three other parties on the basis of squatter rights. They say they have lived on the land for over 12 years and therefore have prescriptive rights on the land which is mostly idle.
Justice Omollo has halted proceedings of the case until the allegations that the defendant is deceased are confirmed.