[2012] KEHC 3175 (KLR)
The court found that the three cases—Bungoma CMCC no.253 of 2008, Bungoma SPMCC no.258 of 2006, and the present suit—involve substantially the same parties and relate to the same parcel of land. The plaintiff in the present suit is the defendant in the subordinate court cases, and the defendants in the present suit...
Source-derived case information.
- Citation
- [2012] KEHC 3175 (KLR)
- Parties
- Plaintiff: Benard Wepukhulu Wasilwa; Defendant: Henry Mabonga Wambalo; Defendant: Richard Simiyu Wambalo; Defendant: David Makau Muthui; Defendant: Benard Simeon Wabomba
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Case 39 of 2008
- Procedural Posture
- Civil Case / Ruling on Consolidation of Suits
- Outcome
- Suits consolidated for hearing and determination; costs to abide the suit.
- Judges
- AO Muchelule
- Legal Topics
- Consolidation of Suits, Succession and Inheritance, Land Registration, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Wepukhulu Wasilwa
Plaintiff
Henry Mabonga Wambalo
Defendant
Richard Simiyu Wambalo
Defendant
David Makau Muthui
Defendant
Benard Simeon Wabomba
Defendant
Procedural Posture
Civil Case / Ruling on Consolidation of Suits
Legal Issues
- 1 Whether the three cases involve substantially the same parties and subject matter to warrant consolidation.
- 2 Whether consolidation of the suits will serve the interests of justice by saving costs and time.
Ratio Decidendi
The court found that the three cases—Bungoma CMCC no.253 of 2008, Bungoma SPMCC no.258 of 2006, and the present suit—involve substantially the same parties and relate to the same parcel of land. The plaintiff in the present suit is the defendant in the subordinate court cases, and the defendants in the present suit are plaintiffs in the other cases. The disputes arise from transactions and succession issues concerning land parcel Chwele/Chwele/1215 and its subdivision. Consolidation is necessary to avoid duplication, save costs, and ensure all issues are determined in a single forum. The court exercised its discretion to consolidate the suits for efficient and expeditious disposal, with...
Court Disposition
Suits consolidated for hearing and determination; costs to abide the suit.
Orders
- Bungoma CMCC no.253 of 2008 and Bungoma SPMCC no.258 of 2006 are consolidated into this case.
- Parties may amend and/or align their pleadings as necessary.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATBUNGOMA
CIVIL CASE 39 OF 2008
BENARD WEPUKHULU WASILWA.........................................................................PLAINTIFF/RESPONDENT
~VRS~
1. HENRY MABONGAWAMBALO..............................................................1ST DEFENDANT/APPLICANT
2. RICHARD SIMIYU WAMBALO..............................................................2ND DEFENDANT/APPLICANT
3. DAVID MAKAU MUTHUI.........................................................................3RD DEFENDANT/APPLICANT
4. BENARD SIMEON WABOMBA..............................................................4TH DEFENDANT/APPLICANT
RULING
I have looked at the pleadings in Bungoma CMCC no.25 of 2008 and Bungoma SPMCC no.258 of 206 against those in the present case. The Defendant in the two cases in the subordinate court is the Plaintiff in the case before this court. In CMCC 253 of 2008 the Plaintiffs are the 3rd and 4th Defendants in the instant case. In SPMCC no.258 of 2006 the Plaintiffs are the 1st and 2nd Defendants in the instant case. The pleadings and the affidavits and annextures reveal the following. Land parcel no.Chwele/Chwele/1215 was registered in the name of Hebron Wambalo (the deceased) who died in 1987. On 27/6/1990 the 1st and 2nd Defendants in the instant case, expecting to inherit from the estate of the deceased, sold 34ft x 14ft of the said 1215 for Ksh.29,000/= to the instant Plaintiff who went into occupation. The plot was not transferred. Following succession proceedings, the said 1215 was subdivided into, among others, Bokoli/Chwele/1384. This 1384 was sold to the instant 3rd and 4th Defendants who became its registered proprietors on 18/1/2008. The instant Plaintiff lost, as it were, what he bought from the 1st and 2nd Defendants to the 3rd and 4th Defendants.
In short, these three cases are substantially between the same parties and about the same suit land. It will save costs and time if the three matters are heard together so that all the issues that relate to the dispute are finally determine. The parties can amend and/or align their pleadings following the necessary applications following which directions can be taken to allow for expeditious disposal.
These are the reasons why I direct that Bungoma CMCC no.253 of 2008 and Bungoma SPM CC no.258 of 2006 be consolidated into this case. Costs shall abide the suit.
Dated, signed and delivered this 12th day of July 2012.
A.O. MUCHELULE
JUDGE