[2024] KEELC 14044 (KLR)
The court found that both the present suit and ELC No. E021 of 2021 involve the same parties, albeit in reversed roles, and concern the same parcel of land. The cause of action in ELC No. E021 of 2021 is adverse possession, while the present suit is brought by the administrator of the estate of the person sued in...
Source-derived case information.
- Citation
- [2024] KEELC 14044 (KLR)
- Parties
- Plaintiff: Sulaiman Mohamed Al Busaidi; Defendant: Mudaris Suleiman & Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E44 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Application for Consolidation
- Outcome
- Application for consolidation allowed.
- Judges
- FM Njoroge
- Legal Topics
- Consolidation of Suits, Adverse Possession, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sulaiman Mohamed Al Busaidi
Plaintiff
Mudaris Suleiman & Others
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Consolidation
Legal Issues
- 1 Whether the present suit should be consolidated with ELC No. E021 of 2021 given the identity of parties and subject matter.
- 2 Whether consolidation would serve the interests of justice and judicial economy.
Ratio Decidendi
The court found that both the present suit and ELC No. E021 of 2021 involve the same parties, albeit in reversed roles, and concern the same parcel of land. The cause of action in ELC No. E021 of 2021 is adverse possession, while the present suit is brought by the administrator of the estate of the person sued in the earlier matter. As hearing had not commenced in either file, consolidation would not prejudice any party and would serve judicial economy. The court therefore ordered consolidation, designating the present suit as the lead file and setting a mention date for further directions.
Court Disposition
Application for consolidation allowed.
Orders
- The present suit and ELC No. E021 of 2021 are consolidated.
- The present suit (E44 of 2023) shall be the lead file.
Full Case Text
Judgment text and source record
18 paragraphs
Busaidi v Suleiman & others (Environment & Land Case E44 of 2023) [2024] KEELC 14044 (KLR) (18 December 2024) (Ruling)
Neutral citation: [2024] KEELC 14044 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case E44 of 2023
FM Njoroge, J
December 18, 2024
Between
Sulaiman Mohamed Al Busaidi
Plaintiff
and
Mudaris Suleiman & Others
Defendant
Ruling
1. An application dated 30/10/2023 has been made to this court seeking consolidation of the present suit with ELC No. E021 of 2021. The application is unopposed.
2. I have considered the application lodged in this suit. In ELC No. E021 of 2021 the claimants are the same as the defendants in the present suit. In that suit their cause of action is adverse possession in respect of the same land - Portion No 302 Malindi - that is the subject matter of the present suit. The plaintiff in the present suit is the administrator of the estate of the person sued as 1st defendant in ELC No. E021 of 2021.
3. I find that there are good grounds to order consolidation of the two suits. I hereby order that they be consolidated. Hearing had not commenced in both files but I note that the present suit was ripe for hearing and had been allocated a date in the past. I order that the present suit will be the lead file. The consolidated matters shall be mentioned before this court on 30/1/2025 for fixing of a hearing date.
RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 18TH DAY OF DECEMBER 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI