[2018] KEELC 1137 (KLR)
The court determined that it would be inappropriate to issue a judgment in this matter while there is ongoing litigation in Kitale ELC 4 of 2018 and Kitale Petition Numbers 6 and 7 of 2018, which involve the same or related parcels of land and a broader set of litigants. To avoid conflicting judgments and to promote...
Source-derived case information.
- Citation
- [2018] KEELC 1137 (KLR)
- Parties
- Plaintiff: Charles Muindi Soo; Defendant: Protus Kiriswa; Defendant: Isaiah Wanyonyi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 152 of 2015
- Procedural Posture
- Land Case / Ruling on Abeyance Pending Related Litigation
- Outcome
- Issuance of judgment put in abeyance pending determination of related cases.
- Judges
- FM Njoroge
- Legal Topics
- Ownership Dispute, Eviction, Pending Related Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Muindi Soo
Plaintiff
Protus Kiriswa
Defendant
Isaiah Wanyonyi
Defendant
Procedural Posture
Land Case / Ruling on Abeyance Pending Related Litigation
Legal Issues
- 1 Whether the plaintiff is entitled to a declaration of ownership over Land Title No. Kitale Municipality Block 7/177.
- 2 Whether the court should issue an eviction order against the defendants from the suit land.
- 3 Whether it is appropriate to proceed with judgment while related litigation involving the same land is pending.
Ratio Decidendi
The court determined that it would be inappropriate to issue a judgment in this matter while there is ongoing litigation in Kitale ELC 4 of 2018 and Kitale Petition Numbers 6 and 7 of 2018, which involve the same or related parcels of land and a broader set of litigants. To avoid conflicting judgments and to promote judicial efficiency, the court ordered that the issuance of judgment in this case be put in abeyance until the related cases are finalized. The matter will be mentioned alongside the related petitions for further directions.
Court Disposition
Issuance of judgment put in abeyance pending determination of related cases.
Orders
- Issuance of judgment in this case is put in abeyance until Kitale ELC 4 of 2018 and Kitale Petition Number 6 of 2018 are finalized.
- This suit will be mentioned alongside those petitions on 15th October 2018 for further directions.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
LAND CASE NO. 152 OF 2015
CHARLES MUINDI SOO............................................................PLAITNIFF
VERSUS
PROTUS KIRISWA...........................................................1ST DEFENDANT
ISAIAH WANYONYI........................................................2ND DEFENDANT
RULING
1. In the plaint dated 23/11/2015 which was filed on the same day the plaintiff seeks the following orders against the defendants:-
(a) An order of declaration that the plaintiff is the rightful owner of all that land known as Land Title No. Kitale Municipality Block 7/177 measuring approximately Nought Decimal One Eight Six Four (0. 1864) Hectares or thereabouts and situated within Kitale Municipality in Trans-Nzoia County.
(b) An order of eviction so issue against the defendants jointly and severally, their agents, servants, employees and/or any other persons claiming through them from the plaintiff’s land known as Land Title No. Kitale Municipality Block 7/117 measuring approximately Nought Decimal One Eight Six Four (0. 1864) Hectares or thereabouts
(c) Costs of the action.
(d) Any other relief the honourable court may deem fit to grant.
2. It came to the attention of this court before the completion of its judgment in the instant suit that there is other litigation involving the blocks of land from which the parcel claimed by the plaintiff herein has apparently been carved. That litigation is Kitale ELC 4 of 2018 in which this court has already issued orders.
3. It is also noted that there are other cases including Kitale Petition Number 6 of 2018 and Kitale Petition No 7 of 2018.
4. There would be no good reason to issue a judgment in this matter while litigation which involves a greater number of litigants is pending.
5. I therefore order that the issuance of judgment in this case shall be put in abeyance till Kitale ELC 4 of 2018 and Kitale Petition Number 6 of 2018are finalised.
6. This suit will be mentioned alongside those petitions on 15th October 2018 for further directions.
It is so ordered.
Dated, signed and delivered at Kitale on this 11thday of October, 2018.
MWANGI NJOROGE
JUDGE
11/10/2018
Coram:
Before Hon. Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Analo for plaintiff
Ms. Mufutu holding brief for Ingosi for defendant
COURT
Ruling read in open court.
MWANGI NJOROGE
JUDGE
11/10/2018