[2015] KEELC 51 (KLR)
The court found that the subject matter of both the Magistrate's Court case and the Environment and Land Court case involved the same land parcels and parties. Consolidating the cases before the Environment and Land Court would ensure all issues are determined comprehensively, prevent conflicting decisions, and...
Source-derived case information.
- Citation
- [2015] KEELC 51 (KLR)
- Parties
- Applicant: Beatrice Mwarania; Respondent: M’Murungi Chebere
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 57 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer and Consolidate Cases
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Consolidation of Cases, Jurisdiction of Environment and Land Court, Removal of Caution, Avoidance of Conflicting Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Mwarania
Applicant
M’Murungi Chebere
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer and Consolidate Cases
Legal Issues
- 1 Whether the Meru Chief Magistrate Civil Case No. 238 of 2013 should be transferred to the Environment and Land Court for trial and disposal.
- 2 Whether the transferred case should be consolidated or heard together with Meru Environment and Land Case No. 42 of 2014.
- 3 Whether the transfer and consolidation would avoid conflicting decisions and serve the interests of justice.
Ratio Decidendi
The court found that the subject matter of both the Magistrate's Court case and the Environment and Land Court case involved the same land parcels and parties. Consolidating the cases before the Environment and Land Court would ensure all issues are determined comprehensively, prevent conflicting decisions, and serve the interests of justice. There was no opposition from any party, and the application was therefore allowed as prayed, with costs to be in the cause.
Court Disposition
application allowed
Orders
- The proceedings in Meru Chief Magistrate Civil Case No. 238 of 2013 are stayed pending determination of this application.
- Meru Chief Magistrate Civil Case No. 238 of 2013 is withdrawn from the Subordinate Court and transferred to the Environment and Land Court for trial and disposal.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
LAND AND ENVIRONMENTAL COURT
MISCELLANEAOUS CIVIL APPLICATION NO. 57 OF 2015
BEATRICE MWARANIA..............................................APPLICANTS
VERSUS
M’MURUNGI CHEBERE............................................RESPONDENT
R U L I N G
This application is predicated upon Sections 1A, 1B, 3A and 18 of the Civil Procedure Act. It is dated 7. 8.2015. It seeks orders:-
1. THAT the Court be pleased to stay the proceedings of Meru Chief Magistrate Civil case Number 238 of 2013 M’MURUNGI NCHEBERE VERSUS BEATRICE MWARANIA AND 2 OTHERS pending the hearing and determination of this application.
2. THATthis Honourable Court be pleased to withdraw Meru Chief Magistrates Civil Case Number 238 of 2013, M’MURUNGI NCHEBERE VERSUS BEATRICE MWARANIA AND 2 OTHERS from Subordinate Court and have the same transferred to the Environment and Land Court for trial and disposal.
3. THATMeru Chief Magistrate’s Civil case Number 238 of 2013, M’MURUNGI NCHEBERE VERSUS BEATRICE MWARANIA AND 2 OTHERS once transferred , be consolidated or heard together with Meru Environment and Land Case Number 42 of 2014, MARGARET NTHIGA MURUNGI AND 11 OTHER VERSUS M’MURUNGI NCHEBERE and another.
4. THAT costs of this application be provided for.
The application is buttressed by the affidavit of Beatrice Mwarania and Doreen Mwenda. It has the following grounds:-
a.THAT the Land Parcel Numbers ABOTHUGUCHI/ KATHERI/ 4360 and ABOTHUGUCHI/KATHERI/4361 in which the plaintiff is seeking in his pleadings the removal of cautions placed by the applicants are some of the parcels which are the subject of Meru Environment and Land case Number 42 of 2014.
b.THATthe issues arising from the Plaintiff claim in Meru Magistrate Civil Case Number 238 of 2013 M’ MURUNGI NCHEBERE VERSUS BEATRICE MWARANIA AND ANOTHER defendants counterclaim and the issues, and claims arising from Meru Environment and land case Number 42 of 2014 can best be determined if the matters are heard together in Environment and Land Court.
c.THATboth the Plaintiff and the 1st and 2nd defendants are also parties in Meru Environment and Land Court Case Number 42 of 2014 and their claims will adequately be adjudicated upon before the Environment and Land Court and there is need to have the file transferred and heard together to avoid conflicting of decisions in both cases.
On 4/11/2014, Mrs. Ntarangwi told the Court that suit No. Meru CMCC NO. 238 of 2013 was older than ELC 42 of 2014. She said that the suit once consolidated could be heard either in the CMCC Court or by the ELC Court.
Mr. Kirima told the Court that he was not opposed to the application.
Mrs. Ntarangwi informed the Court that she had served Miss E.G. Mwangi who represents some interested parties in ELC NO 42 of 2014. Mr. Mutegi who was holding brief for Miss E.G Mwangi told the Court that Miss E. G Mwangi was not opposed to the application.
In the circumstances, this application is allowed with costs to be in the cause.
It is so ordered.
Delivered in open Court at Meru this 5th day of November, 2015 in the presence of:-
CC: Daniel /Lilian
P. M. NJOROGE
JUDGE