[2021] KEELC 3554 (KLR)
The court found that the application for transfer and consolidation was merited. The applicants had demonstrated that the matters in Winam SPM ELC No. 105 of 2018 and Kisumu ELC No. E13 of 2020 were related and that consolidation would promote efficient hearing and determination. There was no opposition to the...
Source-derived case information.
- Citation
- [2021] KEELC 3554 (KLR)
- Parties
- Plaintiff: George Adada Nyagowa; Plaintiff: George Philip Owuonda Treasurer Life Celebration Centre; Defendant: Joanes Oliew Odhach; Defendant: Henry Ouma Magero; Defendant: George Ouma Aloo; Defendant: Washington Nyambuga; Defendant: Michael Oturi Atinda; Defendant: Muga Argwins Osano; Defendant: Timothy Ndugu Aloo; Defendant: Chairperson of Kikako Association; Defendant: Secretary of Kikako Association; Defendant: Treasurer of Kikako Association
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 51 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
- Outcome
- application allowed
- Judges
- A Ombwayo
- Legal Topics
- Transfer of Suits, Consolidation of Suits, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Adada Nyagowa
Plaintiff
George Philip Owuonda Treasurer Life Celebration Centre
Plaintiff
Joanes Oliew Odhach
Defendant
Henry Ouma Magero
Defendant
George Ouma Aloo
Defendant
Washington Nyambuga
Defendant
Michael Oturi Atinda
Defendant
Muga Argwins Osano
Defendant
Timothy Ndugu Aloo
Defendant
Chairperson of Kikako Association
Defendant
Secretary of Kikako Association
Defendant
Treasurer of Kikako Association
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
Legal Issues
- 1 Whether Winam SPM ELC No. 105 of 2018 should be transferred to Kisumu ELC for consolidation with Kisumu ELC No. E13 of 2020 (O.S).
- 2 Whether the consolidation of the two suits is necessary for efficient hearing and determination.
Ratio Decidendi
The court found that the application for transfer and consolidation was merited. The applicants had demonstrated that the matters in Winam SPM ELC No. 105 of 2018 and Kisumu ELC No. E13 of 2020 were related and that consolidation would promote efficient hearing and determination. There was no opposition to the application, and the court exercised its discretion to grant the orders sought, holding that the transfer and consolidation would serve the interests of justice and avoid multiplicity of proceedings.
Court Disposition
application allowed
Orders
- Winam SPM ELC No. 105 of 2018 (formerly ELC No. 186 of 2016) is transferred to the Kisumu ELC for purposes of consolidation with Kisumu ELC No. E13 of 2020 (O.S) for hearing and determination.
- Costs in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KISUMU
ELC CASE NO. MISC. 51 OF 2019
GEORGE ADADA NYAGOWA........................................................................................1ST PLAINTIFF/RESPONDENT
GEORGE PHILIP OWUONDA TREASURER LIFE CELEBRATION CENTRE....2ND PLAINTIFF/RESPONDENT
VERSUS
JOANES OLIEW ODHACH................................................................................................1ST DEFENDANT/APPLICANT
HENRY OUMA MAGERO..................................................................................................2ND DEFENDANT/APPLICANT
GEORGE OUMA ALOO.....................................................................................................3RD DEFENDANT/APPLICANT
WASHINGTON NYAMBUGA..............................................................................................4TH DEFENDANT/APPLICANT
MICHAEL OTURI ATINDA..................................................................................................5TH DEFENDANT/APPLICANT
MUGA ARGWINS OSANO...................................................................................................6TH DEFENDANT/APPLICANT
TIMOTHY NDUGU ALOO...................................................................................................7TH DEFENDANT/APPLICANT
CHAIRPERSON OF KIKAKO ASSOCIATION..................................................................8TH DEFENDANT/APPLICANT
SECRETARY OF KIKAKO ASSOCAITION.......................................................................9TH DEFENDANT/APPLICANT
TREASURER OF KIKAKO ASSOCIATION....................................................................10TH DEFENDANT/APPLICANT
RULING
The application before court is dated 13/11/2020. The applicant seeks orders that the court orders Winam SPM ELC no. 105 of 2018 formerly known ELC No. 186 of 2016 be transferred to the Kisumu ELC for purposes of consolidating with Kisumu ELC No. E13 of 2020 (O.S) for hearing and determination. The application is based on grounds that the applicants have already lodged in the ELC Court Kisumu to OS No. Kisumu ELC E13 of 2020 and the same is yet to be delivered. The Application is merited and do grant orders that Winam SPM ELC no. 105 of 2018 formerly known ELC No. 186 of 2016 be transferred to the Kisumu ELC for purposes of consolidating with Kisumu ELC No. E13 of 2020 (O.S) for hearing and determination. Costs in the cause.
DATED AT KISUMU THIS 22ND DAY OF APRIL, 2021
ANTONY OMBWAYO
JUDGE
This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2020.
ANTONY OMBWAYO
JUDGE