[2015] KEHC 1139 (KLR)
The court found that the subject matter in both suits relates to the same land parcels and involves the same parties and legal issues. Consolidation of the suits would prevent unnecessary duplication of proceedings and promote efficient use of judicial resources. Both parties, through their advocates, consented to...
Source-derived case information.
- Citation
- [2015] KEHC 1139 (KLR)
- Parties
- Applicant: Gichunge M'Kaunganyi Aithula; Respondent: Fredrick Ntongai M'Erimba
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 76 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
- Outcome
- Application allowed by consent; suits to be consolidated as per parties' agreement.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suits, Consolidation of Suits, Land Registration, Multiplicity of Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gichunge M'Kaunganyi Aithula
Applicant
Fredrick Ntongai M'Erimba
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
Legal Issues
- 1 Whether Maua CMCC No. 220 of 2015 should be transferred to the Chief Magistrate's Court at Meru and consolidated with Meru CMCC No. 255 of 2013.
- 2 Whether consolidation will prevent multiplicity of suits involving the same parties and issues.
Ratio Decidendi
The court found that the subject matter in both suits relates to the same land parcels and involves the same parties and legal issues. Consolidation of the suits would prevent unnecessary duplication of proceedings and promote efficient use of judicial resources. Both parties, through their advocates, consented to the transfer and consolidation. The court therefore adopted the consent as its order, allowing the application as prayed.
Court Disposition
Application allowed by consent; suits to be consolidated as per parties' agreement.
Orders
- Prayer No. 2 of the Notice of Motion dated 28.10.2015 is allowed by consent.
- Maua CMCC No. 220 of 2015 is transferred to the Chief Magistrate's Court at Meru and consolidated with Meru CMCC No. 255 of 2013.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. APPLICATION NO. 76 OF 2015
GICHUNGE M'KAUNGANYI AITHULA........................................APPLICANT
VERSUS
FREDRICK NTONGAI M'ERIMBA.............................................RESPONDENT
R U L I N G
This application is filed under Section 18 of the Civil Procedure Act. It seeks orders:
THAT by consent of the Advocates for the Applicant and the Respondent, Prayer No. 2 of the Notice of Motion dated 28. 10. 2015 be allowed.
THAT the running file, upon consolidation, be Meru CMCC NO.255 of 2013.
THAT costs of the application be in the cause.
The application is supported by the Applicant Gichunge Aithula and has the following grounds;
a) That the subject matters in both suits are land Reg. No. Njia/Burieruri/5118 and 5119 which are sub-divisions of land Reg. No. Njia/Burieruri/5100.
b) That the parties and issues of law to be considered are the same in both suits.
c) The transfer of Maua CMCC No. 220 of 2015 to the Chief Magistrate's Court at Meru and consolidation with Meru C.M.C.C. No 255 of 2013 shall prevent a multiplication of suits involving the same parties and over similar issues.
On 5th November 2015, the parties tendered a consent duly signed by their advocates and asked the Court to adopt the consent as its order. The consent dated 4th November, 2015 is adopted as an order of this court.
It is so ordered.
Delivered in open Court at Meru this 5th day of November, 2015 in the presence of:-
Cc. Daniel/Lilian
Muthamia h/b Kaimenyi for the Applicant
Mririgi Kaburu for Respondent
P. M. NJOROGE
JUDGE